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(영문) 전주지방법원군산지원 2017.06.15 2016가단52352
근저당권말소
Text

1.C: (a)

Defendant A shall register the Korea Jeonju District Court's Gun mountain support for the real estate stated in the attached Table and on December 7, 200.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff has a claim amounting to C at the rate of 18% per annum from June 25, 2002 to May 31, 2005, the amount of KRW 15% per annum from the next day to June 7, 2006, and the amount of KRW 20% per annum from the next day to the date of full payment.

The above judgment was finalized on July 26, 2006.

B. C completed the registration of the establishment of the right to collateral security listed in the attached list No. 1-A and B (hereinafter “each of the instant right to collateral security”) with respect to the real estate listed in the attached list (hereinafter “instant real estate”), and completed the registration to the Defendant A on December 7, 200 and the Defendant B on December 18, 2001.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3

C. As long as approximately 15-16 years have elapsed since each of the instant mortgages was established, it is apparent that the extinctive prescription for each of the instant collateral obligations has expired, the Defendants are obliged to cancel the registration of each of the instant collateral mortgages to C.

2. The Defendants asserted that the statute of limitations has not been expired since the Defendant A, who is the type of Defendant B and B, who is the fraud between C and C, extended the due date for the fulfillment of the obligation to pay the secured debt of each of the instant mortgages, on the grounds that, although the Defendants did not clarify, the registration of provisional seizure completed by the Plaintiff on August 10, 202 with respect to the instant real estate was filed.

In addition, on January 23, 2005, the provisional attachment cancellation of the real estate in this case under the name of Daewoo Capital Co., Ltd. is also asserted to the effect that the Plaintiff loaned money from the Defendants, and thus, each of the instant secured claims exists, and the extinctive prescription of the said secured claims is extended due to the foregoing circumstances, and the extinctive prescription has not expired.

Top, the statement of No. 1 and the witness C.

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