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(영문) 광주지방법원해남지원 2020.08.11 2019가단203115
근저당권말소
Text

1. The Defendant shall have C with respect to the area of 896 square meters and the area of 1,388 square meters in Jeonnam-gun, Jeonnam-gun, Gwangju District Court.

Reasons

1. Basic facts

A. On April 6, 2015, the Plaintiff filed a lawsuit against C with the Seoul Central District Court (2015da510976). On July 7, 2015, the said court rendered a judgment that “C shall pay to the Plaintiff 20,103,395 won and 5,111,174 won with interest of 20% per annum from July 1, 2015 to the date of full payment,” and the said judgment became final and conclusive on August 8, 2015.

B. On January 6, 2003, the Defendant completed the registration of creation of a neighboring mortgage as the Defendant, on the ground of a contract signed on December 30, 2002, with respect to the size of 896 square meters and 1,388 square meters (hereinafter “each of the instant real estate”) prior to Jeonnam-Gun, Jeonnam-do, Jeonnam-do, the ownership of C, for the establishment of a mortgage on the basis of the contract signed on December 30, 202.

(No. 207 of the receipt of machinery, such as Manju District Court's Maritime Branch, and hereinafter "the instant collateral security"), C.

C is an insolvent state other than each real estate of this case, in which there is no particular property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the result of the inquiry of fact to the Court Administration Office of this Court, the result of reply to the order to submit taxation information to the Maritime Affairs Office, and the purport of the entire pleadings

2. Determination

A. (1) Determination on the cause of the claim 1) The secured claim of the instant right to collateral security has expired on December 30, 2012 after the lapse of ten years from the contract date of the instant right to collateral security, which was December 30, 2002, and December 30, 2012 (see, e.g., the Defendant’s claim against C, the secured claim of the instant right to collateral security, was changed from December 30, 2002 to December 30, 207, even if the due date for repayment of the Defendant’s claim for the loan to C, which was the secured claim of the instant right to collateral security, was changed from December 30, 2002 to December 30, 207, the statute of limitations expired

B. (1) The summary of the Defendant’s assertion is as follows: (a) the Defendant loaned KRW 8.4 million to C on October 27, 2001 and March 29, 2002; and (b) C, by December 30, 2002, paid KRW 9 million, including the interest rate of KRW 6 million.

C around 30 December 30, 2002, the due date for reimbursement.

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