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(영문) 수원지방법원성남지원 2016.11.09 2016가단18080
근저당권말소
Text

1. The Defendant shall support the Plaintiff’s succeeding Intervenor with Suwon District Court in relation to the 5,405 square meters in Gwangju City.

Reasons

1. Determination on the claims of the Plaintiff’s succeeding intervenor

A. Although the Plaintiff had completed the registration of establishment of a collateral on the real estate stated in Paragraph (1) of this Article as stated in Paragraph (1) of this Article to the Defendant, the secured debt was extinguished after the lapse of the extinctive prescription on the secured debt, and also the said secured mortgage was extinguished. The Plaintiff’s successor purchased real estate stated in Paragraph (1) from the Plaintiff on September 22, 2016 and completed the registration of establishment of a collateral. The Defendant is obliged to perform the registration procedure for cancellation of the establishment of a collateral on the real estate stated in Paragraph (1) of this Article

(b) Article 208(3)3 of the Civil Procedure Act:

2. On September 22, 2016, when the Plaintiff’s judgment on the Plaintiff’s claim was pending in the instant lawsuit, the Plaintiff’s claim seeking implementation of the procedure for registration of cancellation of the registration of the establishment of a neighboring mortgage as stated in the Disposition No. 1 on September 19, 2016, on the ground that the Plaintiff completed the registration of transfer due to sale on July 19, 2016 with respect to the real estate indicated in the Disposition No.

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