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(영문) 전주지방법원 2020.02.14 2019나1773
근저당권설정등기말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The grounds for the court’s explanation concerning this case are as stated in the reasoning of the judgment of the court of first instance, except where the part of “judgment on the Defendant’s argument” as to the instant case is written as follows. Thus, this part of the judgment of the court of first instance is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. [A] Since the Plaintiff’s claim against D with the summary of the Defendant’s argument has expired 10 years after the expiration of 10 years extinctive prescription, the instant lawsuit is unlawful and the statute of limitations of the Plaintiff’s claim for household affairs was suspended

Even before the lawsuit of this case was brought, D has continuously promised to repay the obligation to the Defendant with the recognition of the obligation to pay the goods. Accordingly, D has waived the extinctive prescription interest even if the extinctive prescription of the Defendant’s claim to pay the goods has been interrupted or the extinctive prescription of the claim to pay the goods has expired.

B) The judgment (In full view of the evidence before the judgment as to the plaintiff's claim for the completion of the extinctive prescription period, and the purport of the whole argument in Gap evidence No. 2, the plaintiff filed the lawsuit in this case after the lapse of 10 years from May 23, 1996 when the payment order against D became final and conclusive, but the plaintiff completed the provisional attachment registration on June 12, 1996, and thus the plaintiff's claim is interrupted during the period when the preservation of the execution of the provisional attachment remains effective. The defendant's allegation in this part is without merit.

The defendant asserts that the extinctive prescription of the plaintiff's claim is unfair since the extinctive prescription of the plaintiff's claim does not run at all unless the registration of provisional seizure is cancelled, unless the registration of provisional seizure is cancelled. However, the debtor of provisional seizure may cancel or change the decision of provisional seizure by applying for an order to file a lawsuit or applying for revocation due to changes in circumstances.

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