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(영문) 인천지방법원 부천지원 2018.10.30 2018가단5067
근저당권설정등기말소
Text

1. As to each real estate listed in the attached list to the Plaintiff, the Defendant shall register with the Incheon District Court Branch Branch of the Incheon District Court and July 2007.

Reasons

1. In addition to the whole purport of the pleadings as to each of the statements in Gap evidence Nos. 1 and 2 (including additional numbers), it is recognized that the registration of creation of a collateral security (hereinafter referred to as the "mortgage security of this case") as stated in the separate sheet (hereinafter referred to as the "real estate of this case"), which is owned by the plaintiff, has been completed with respect to each of the real estate in the separate sheet (hereinafter referred to as the "real estate of this case"), which is owned by the plaintiff,

2. The parties' assertion

A. The Plaintiff’s assertion is invalid since the secured claim does not exist, and even if the secured claim exists, the extinctive prescription has expired ten years after the establishment of the right to collateral, and thus, the Defendant is obligated to cancel the registration of establishment of the creation of the right to collateral of this case to the Plaintiff.

B. The Defendant’s assertion that the Defendant lent KRW 60 million to the Plaintiff via C and completed the registration of the establishment of the mortgage of this case as a collateral related thereto. As such, the secured debt exists, and the Plaintiff paid interest on the above borrowed money to the Defendant by August 25, 2008, the extinctive prescription was interrupted.

3. Determination

A. Determination as to whether a secured claim is recognized is a mortgage established by setting only the maximum amount of the secured debt and reserving the determination of the obligation in the future (Article 357(1) of the Civil Act), which is established for the purpose of securing a certain limit in the settlement term for the future. Thus, separate from the act of establishing a secured claim, there is a legal act establishing a secured claim of the secured claim of the secured claim. The burden of proof as to whether a legal act establishing a secured claim of the secured claim of the secured claim has been established at the time of the establishment of the secured claim is in the part of claiming its existence (see Supreme Court Decision 2009Da72070, Dec. 24, 2009). The evidence submitted by the Defendant alone is sufficient.

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