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(영문) 광주지방법원순천지원 2017.11.21 2017가단73799
근저당권말소
Text

1. As to each real estate listed in the attached list to the Plaintiff, the Defendant shall have the inncheon Branch Office of Gwangju District Court.

Reasons

1. Basic facts

A. The Plaintiff is the denial of the Defendant’s small penal net C.

B. On July 15, 1994, the Defendant completed the registration of creation of a mortgage on each real estate listed in the separate sheet, owned by the Plaintiff (hereinafter “each of the instant real estate”), including the mortgagee, the Defendant, the maximum debt amount of KRW 150,000,000, and each of the neighboring mortgages registered by the Plaintiff as the debtor (hereinafter “registration of creation of a mortgage on each of the instant real estate”).

[Ground of recognition] Facts without dispute, purport of whole pleading

2. According to the facts of the determination as to the cause of the claim, since the statute of limitations has expired on July 15, 2004 after the lapse of 10 years from July 15, 1994, on which the right to collateral security was created on each of the instant real estate, the Defendant is obliged to implement the procedure for registration of cancellation of the registration of establishment of each of the instant real estate on each of the instant real estate.

3. The defendant's defense was set up that the extinctive prescription was interrupted since the plaintiff approved the above debt because the plaintiff would find the defendant and pay 15 million won to the defendant.

With respect to whether the extinctive prescription has been suspended as a debt approval, it is not sufficient to recognize that the Plaintiff approved the debt only by the evidence No. 1 submitted by the Defendant, and there is no other evidence to acknowledge it.

4. The plaintiff's claim for the conclusion is accepted on the ground of the reasons.

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