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(영문) 서울중앙지방법원 2015.09.17 2014가단215978
근저당권말소
Text

1. The defendant received on May 10, 1985 from the Seoul Eastern District Court as to the real estate stated in the attached list from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the separate sheet.

B. On May 10, 1985, the Defendant registered the establishment of a mortgage over the obligor C (the previous owner) and the maximum debt amount of KRW 6 million as to the real estate stated in the attached list, as Seoul Eastern District Court No. 26200, May 10, 1985

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading

2. According to the facts of the above recognition, since the defendant did not exercise the secured debt of the above establishment registration for ten years, the secured debt and the secured mortgage attached thereto were all extinguished. Thus, the plaintiff's claim seeking the cancellation thereof is justified.

If so, we decide to accept the plaintiff's claim and decide as per Disposition.

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