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(영문) 전주지방법원 2017.12.05 2017가단12754
근저당권말소
Text

1. On March 11, 2003, the defendant brought an all-round indictment against the non-party B on the real estate stated in the attached list.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1, the plaintiff filed a lawsuit against non-party B on April 3, 2006 against Jeonju District Court No. 2006Gaso32800, and the above court rendered a recommendation of execution that "B shall pay to the plaintiff 17% interest per annum from April 1, 2005 to the date of full payment, with the amount of 15,437,046 won out of 22,46 won and 15,000 won out of 15,000 won out of 17% interest per annum." The plaintiff's claim amount against Eul was finalized on April 25, 2006; the plaintiff's claim amount against the non-party B was 78,715,115 as of May 23, 2017; and the court below accepted the registration of creation of a mortgage against the defendant under the attached list No. 2007138,200.31.

According to this, the secured debt of the instant right to collateral security was created before several years from the date on which the establishment registration of the instant right to collateral security was completed, and at latest the due date for payment on March 11, 2003, which was issued by B to the Defendant. Thus, the secured debt of the instant right to collateral security was extinguished by the statute of limitations, since it is apparent from the fact that the period of payment was ten years thereafter.

As to this, the defendant asserted that B approved the debt by confirming the existence of the above loan obligation even after March 11, 2003, but there is no evidence to acknowledge this, the defendant's above assertion is rejected.

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