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(영문) 부산지방법원동부지원 2019.10.23 2019가단6067
근저당권말소
Text

1. The defendant on October 2004, with respect to the plaintiff with respect to the area of 20 square meters prior to Busan Nam-gu C, Busan District Court Branch of Dongsan Branch of the Busan District Court.

Reasons

1. Indication of claim;

A. On October 11, 2004, D completed the registration of creation of a mortgage over the maximum debt amount of KRW 30 million with respect to the real estate of KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

B. D died on January 31, 2015, and the Plaintiff completed the registration of ownership transfer on November 3, 2017 on the instant real estate due to inheritance by consultation and division on January 31, 2015.

C. Even if the secured debt of the foregoing right to collateral security existed as D’s borrowed loan debt

Even if the above obligation was due on October 11, 2005, which was one year after the date of the above contract, and was terminated by prescription around October 11, 2015 after ten years from the due date.

E Deceased on November 3, 2018, the Defendant, his child, succeeded to the property.

E. Therefore, the Defendant is obligated to implement the registration procedure for cancellation on October 11, 2015 with respect to the registration of the establishment of a neighboring E on October 11, 2004 regarding the instant real estate on the ground that the extinctive prescription of the secured obligation expires.

2. Judgment without any applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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