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(영문) 서울중앙지방법원 2020.05.14 2019가단5211167
근저당권말소
Text

1.For the plaintiff: (a)

Defendant B shall support Sung-nam District Court on November 14, 2007 with respect to real estate listed in the attached list.

Reasons

1. Claim against the defendant B

A. Claim for cancellation of the right to collateral security due to the extinction of the statute of limitations on the secured obligation of the right to collateral security stated in the disposition on the real estate stated in the separate sheet indicating the claim (hereinafter “instant real estate

(b) Judgment on deemed confession (Articles 150 (3) and 208 (3) 2 of the Civil Procedure Act);

2. Claims against the defendant Credit Guarantee Fund or Korea;

A. As to the instant real estate from C on March 2, 2015, the Plaintiff was obligated to accept the cancellation of the right to collateral security (1)

2.1. He shall complete the registration of ownership transfer by reason of sale.

B) At the time of the sale of the instant real estate, on November 12, 2007, the registration of creation of a collateral of KRW 1.1 billion was completed with the maximum debt amount of KRW 1.1 billion, and the Defendant Credit Guarantee Fund and the Defendant Republic of Korea attached and seized the secured debt of the said secured debt of the said secured debt (hereinafter “instant secured debt”) on August 2, 2018 and February 13, 2019, thereby becoming an interested party on the registry regarding the cancellation of the said secured debt. (C) Meanwhile, the Defendant B, who is the mortgagee, did not dispute the Plaintiff’s claim for cancellation of the said secured debt during the instant lawsuit.

2) According to the above facts, it is reasonable to view that the secured claim of this case expired by the prescription from November 12, 2007, which was the date of the creation of the instant right to collateral, around November 12, 2017, when the ten-year statute of limitations elapsed since November 12, 2017, and since provisional seizure and seizure of the Defendant Credit Guarantee Fund and the Republic of Korea's secured claim of this case had already been extinguished, it is null and void since provisional seizure and seizure are already subject to extinguished claims, the third acquisitor is obligated to express his consent to the cancellation of the said right to collateral. (B) The defendants' assertion against the defendants is revoked in light of the fact that the secured claim of this case and the joint collateral of this case was revoked.

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