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(영문) 청주지방법원 2015.02.26 2014가단158824
근저당권말소
Text

1. The defendant shall accept the registration of the Cheongju District Court and February 9, 1995 with respect to the land size of 130.9 square meters in Cheongju-si, Cheongju-si.

Reasons

1. Determination as to the cause of claim

A. On February 9, 195, Nonparty B filed a lawsuit against the said B for the claim for the amount of transfer payment under the Daejeon District Court Decision 201Ga3163 on September 13, 2012, with respect to the registration of Cheongju District Court with respect to the amount of 130.9 square meters owned by the Defendant, and the registration of Cheongju District Court with respect to the registration of Cheongju District Court with respect to the amount of 130.9 square meters, which was received on February 9, 1995, the registration of Cheongju District Court was completed with respect to the amount of 50,000,000 won, and the amount of 17% per annum from July 2, 2012 to the date of full payment, and the said judgment became final and conclusive around the time when the said amount was paid.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the facts of the above recognition, the secured debt of the instant right to collateral security was extinguished retroactively to the initial date of the commencement by the completion of the extinctive prescription on February 9, 2005 after the lapse of ten years from February 9, 1995, which was the date of the registration of the establishment of the said right to collateral security.

Therefore, the defendant is obligated to implement the registration procedure for cancellation of the registration of the establishment of the mortgage of this case to Nonparty B.

2. In conclusion, since the right to collateral security became extinct due to the extinction of the secured obligation, the Plaintiff’s claim of this case seeking the cancellation of the registration of collateral security in subrogation of Nonparty B as the obligee of Nonparty B is justified and it is so decided as per Disposition.

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