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(영문) 서울중앙지방법원 2020.08.20 2019가단54598
별제권 확인 청구 등의 소
Text

1. The plaintiff's defendant

A. Attached Form

1. On June 15, 2007, the Seoul Central District Court's intermediate registry office of the Seoul Central District Court.

Reasons

1. Facts of recognition;

A. The plaintiff attached Form to the defendant

2. The instant loan was executed.

B. Attached Form owned by the Defendant to secure the claim for the instant loan

1. As to the stated real estate, the registration of creation of a mortgage near the text in which the maximum debt amount is 5.5 million won shall be completed; and

C. On February 23, 2016, the Defendant filed a petition for bankruptcy with the Seoul Rehabilitation Court and declared bankrupt on May 9, 2016, and the instant loan claims in the bankruptcy procedure were entered in the list of bankruptcy creditors.

The above bankruptcy procedure is terminated on September 12, 2016 by the decision to discontinue the bankruptcy, and the defendant was granted a decision to grant a immunity on September 12, 2016, and the above decision to grant a immunity became final and conclusive on September 27, 2016.

[Ground for recognition] The fact that there is no dispute or does not clearly dispute

2. The plaintiff, in determining the cause of the claim, shall have the right to separation within the scope of the maximum debt amount with respect to the loan claim of this case, which is the secured debt of the above right to collateral, and may seek the confirmation of the right as a lawsuit to prevent the extinction of the above right to separation and the prescription

3. On the determination of the defense, the defendant asserted that the extinctive prescription of the loan obligation of this case has expired, but there is no evidence to acknowledge it.

(A) On September 12, 2016, the period of extinctive prescription has expired once the Defendant’s petition for bankruptcy was interrupted. On November 28, 2019, before the five-year commercial extinctive prescription expired, the Plaintiff filed the instant lawsuit on November 28, 2019, which was before the five-year commercial extinctive prescription expired, the extinctive prescription has not expired). The Plaintiff’s claim was accepted on September 4.

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