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(영문) 서울동부지방법원 2018.01.23 2017가단6222
근저당권설정등기말소
Text

1. The defendant received on February 14, 1984 from the Seoul Eastern District Court as to the real estate stated in the attached list from the plaintiff.

Reasons

1. On February 14, 1984, the Plaintiff completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) based on the contract on the same day as the obligor, the mortgagee, the Defendant, and the maximum debt amount of KRW 12,00,000,000 regarding the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”).

[Reasons for Recognition] Gap evidence No. 1 and the purport of the whole argument

2. In determining the cause of the claim, there is no defendant's assertion or proof as to the period of reimbursement of the secured claim of this case, and it is reasonable to view that the secured claim of this case as the secured claim of this case is an obligation with no fixed time limit, and the extinctive prescription

Therefore, the secured claim of the instant right to collateral security has expired at least after the lapse of ten years from February 14, 1984, when the establishment registration of the instant right to collateral security was completed.

Therefore, the Defendant, barring special circumstances, is obligated to implement the registration procedure for cancellation of the registration of the establishment of the instant neighboring mortgage to the Plaintiff.

Therefore, the Defendant asserts that the instant real estate is incorporated into a rearrangement project of a C Housing Redevelopment and Rearrangement Project Association and received a notice of a compensation plan under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and that the Seoul Western District Court 2017TTTT1487 decided to seize and collect the instant collateral security. Thus, the Defendant asserted that there is no benefit from cancelling the instant collateral security. However, according to Articles 40(1) and (2), 42(1) and 45(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, in cases of expropriation of land, etc. under the said Act, the project implementer acquires the ownership of land, etc. when it paid or deposited the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation upon receipt of the

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