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(영문) 광주지방법원순천지원 2017.06.22 2016가단13776
근저당권설정등기말소등기
Text

1. The defendant on April 24, 1991, as to the real estate stated in the attached Form to the plaintiff, the Gwangju District Court's net support registry office of the Gwangju District Court.

Reasons

1. According to the reasoning of Gap's evidence No. 1 and the whole pleadings as to the cause of the claim, it is recognized that the plaintiff completed the registration of establishment of the right to collateral security (hereinafter "mortgage security of this case") with the obligor C, the mortgagee of the right to collateral security, the defendant, and the maximum debt amount of claim amount of KRW 9.9 million on April 24, 1991 on the ground of the contract to establish the attached real estate owned by the plaintiff on April 24, 191.

On the other hand, the secured claim of the instant right to collateral security can be exercised from April 24, 1991, the date of establishing the right to collateral security, unless there are special circumstances.

Therefore, the statute of limitations has expired since it is apparent that the ten-year statute of limitations has expired from the date of the above contract execution.

Therefore, the extinction of the secured claim under Article 369 of the Civil Code was also extinguished due to the extinction of the secured claim.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the registration of the establishment of the mortgage of this case to the plaintiff.

2. The plaintiff's claim for the conclusion is justified and it is so decided as per Disposition.

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