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(영문) 광주지방법원 2017.10.13 2016가단32945
근저당권설정등기 등 말소
Text

1. Defendant B:

(a) The Gwangju District Court's Naju registry with respect to the real estate stated in Attachment List No. 4.

Reasons

1. Determination as to the cause of claim

A. According to the results of the party inquiry conducted with respect to Gap evidence Nos. 1-1 through 7, Eul evidence Nos. 1-2, and Eul evidence Nos. 1-2, and the fact-finding conducted with respect to the real estate stated in paragraph 4 of the attached Table Nos. 4, which is owned by the plaintiff, as to the registration of creation of a mortgage to the defendant Eul, the maximum debt amount is 650,000,000,000 won for each real estate indicated in the attached Table Nos. 1, 2, 3, 5, 6, and 7, and the maximum debt amount is 650,000,000,000 won for each real estate mentioned in the attached Table Nos. 1-2, which is owned by the plaintiff Eul, and the defendant Republic of Korea attached each of the above collateral No. 1-2, and the plaintiff filed an application for provisional seizure from May 2, 2004 to 1, 208.

B. Considering the circumstances, it is reasonable to view that the secured obligation of each of the instant mortgages has expired by prescription prior to the filing of the instant lawsuit. Therefore, Defendant B is liable to implement the registration procedure for cancellation of the registration of establishment of each of the instant mortgages to the Plaintiff.

C. The purpose of registering the seizure of the secured claim by means of additional registration in the establishment registration of the collateral is to publicly announce the seizure of the secured claim because the seizure of the secured claim by the secured claim by the right to collateral becomes effective in the case of the seizure of the secured claim by the right to collateral security. Thus, if there is no secured claim by the right to collateral security, the seizure order shall be null and void.

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