logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.08.17 2016가단11925
근저당권말소
Text

1. The defendants are the Busan District Court's Busan District Court's registry office on August 1995 with respect to each real estate listed in the attached list to the plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1-2, Eul evidence Nos. 1-2, Eul evidence No. 1 and 2 as to the cause of the claim, the defendants leased KRW 20,000,000 annually to the plaintiff on August 26, 1995, interest rate of KRW 30% per annum, and due date of repayment on December 26, 1995 (hereinafter "loan Claim"), and each real estate listed in the separate sheet (hereinafter "real estate of this case") as to each real estate as stated in the separate sheet to secure this on the same day, it is evident that the Busan District Court of Busan, Busan, and the registration of establishment of a mortgage (hereinafter "registration of establishment of a mortgage of this case") was completed on August 26, 1995 with the maximum debt amount of KRW 45,00,000,000 as of August 26, 1995.

Therefore, the loan claim of this case, which is the secured claim of the establishment registration of the neighboring mortgage of this case, had already expired by prescription before the lawsuit of this case was filed.

Therefore, the Defendants, who are the right to collateral security, are obligated to implement the registration procedure for cancellation of the establishment registration of the instant mortgage to the Plaintiff, unless there are special circumstances.

2. Determination as to the defendants' defense

A. The Defendants asserted that the period of prescription of the instant loan claims was interrupted by the Plaintiff’s repayment of interest to the Defendants by December 31, 2006, but there is no evidence to acknowledge this. Thus, the Defendants’ assertion is without merit.

B. Defendant C’s assertion that the extinctive prescription was interrupted by filing an application for a payment order against the Plaintiff.

According to the evidence No. 3, defendant C applied for a payment order against the plaintiff to the effect that "20,000,000 won as Busan District Court 2003 tea10714 and 25% per annum from the day after the day of service of the payment order to the day of complete payment," and the payment order was issued on March 25, 2003. The payment order was issued on April 13, 2003, but it is recognized that the payment order was finalized on April 13, 2003, and thereafter 10 years thereafter.

arrow