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(영문) 수원지방법원성남지원 2016.08.09 2015가단18656
근저당권말소
Text

1. The defendant shall have jurisdiction over the shares of each real estate listed in the separate sheet to the Suwon District Court for the branch office of Sung-nam Branch.

Reasons

1. Facts of recognition;

A. The plaintiff (former company reorganization Corporation) is a creditor who filed a lawsuit against B on the claim for the amount of transfer income and received a favorable judgment in the Seoul Central District Court Decision 2004Da77368 Decided July 20, 2004.

B The Plaintiff did not pay the above debt up to now.

B. B concluded a mortgage agreement with C on July 18, 1998 on the share of ownership of each of the real estate listed in the separate sheet, and completed the registration of establishment of a neighboring mortgage as of July 20, 1998 (hereinafter “the registration of establishment of a neighboring mortgage”) and C on June 22, 2004, upon the transfer of contract on July 24, 2004, with the Suwon District Court's Sung-nam Branch of Branch of Branch of District Court (hereinafter “the registration of establishment of a neighboring mortgage”) No. 50154, Jun. 24, 2004.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Gap evidence 4-1 to 3, the purport of the whole pleading, and the purport of whole pleading

2. The assertion and judgment

A. The plaintiff's assertion is filed with the defendant by subrogation of B, and the plaintiff seeks registration of cancellation of the registration of the establishment of the creation of the creation of the neighboring mortgage of this case on the ground of preliminary false representation.

B. There are claims against the Defendant’s B, i.e., single shotfa, and Defendant’s claims

However, it is apparent that ten years have passed since June 22, 2004, the time of the registration of the transfer of the right to collateral security in this case, and the secured claim in the registration of the establishment of the right to collateral security in this case was extinguished by the completion of prescription.

Therefore, the defendant is obligated to cancel the registration of establishment of the above establishment, and the plaintiff is entitled to claim the registration of establishment of the above establishment by subrogation as the creditor B.

Since the defendant paid interest several times, and around December 2006, expressed his intention to dispose of each real estate listed in the separate sheet and to settle the debt by issuing the seal imprint certificate and the seal imprint certificate to the defendant, it is argued that he approved his business debt.

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