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(영문) 부산지방법원 2015.05.29 2014가단49643
근저당권말소
Text

1. The Defendant shall support Changwon District Court in relation to B’s share of 1338 square meters in Changwon-si, Changwon District Court.

Reasons

1. Basic facts

A. The Plaintiff filed an application for a payment order with the Seoul Central District Court 2013 tea 26621 against B by acquiring a loan claim against B from a mutual savings bank.

Accordingly, on April 24, 2013, the said court ordered the Plaintiff to pay the amount of KRW 651,480,151 and KRW 90,962,408, whichever is applicable, to the Plaintiff at the rate of 24% per annum from October 19, 2011 to the date of full payment. The said payment order was finalized on May 17, 2013.

B. The registration of ownership transfer was completed on January 24, 1997 with respect to one half of the half of 1338 square meters in Changwon-si, Changwon-si, Changwon-si (hereinafter “instant land”). B completed the registration of creation of a collective security right (hereinafter “instant collective security right”) with regard to the establishment of a contract, the maximum debt amount of which is KRW 60,000,000,000 won, the debtor, and the mortgagee-mortgage-mortgage-mortgage-mortgage (hereinafter “instant collective security right”) on August 10, 1997 as of August 22, 2003, 200, such as Changwon District Court, Masan Branch-gu, Masan-si, Masan-si.

C. The defendant is the same as the wife B, and the defendant is the wife B, and the debt exceeds the debt.

[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 to 3 (including virtual numbers), defendant's personal inquiry result, purport of whole pleadings

2. The assertion and judgment

A. As seen earlier, the Defendant’s judgment on the cause of the claim was as to the completion of the registration of creation of a mortgage on the instant land on August 22, 2003. Therefore, barring any special circumstance, barring any special circumstance, the foregoing collateral obligation of the said right to collateral security extinguished by the extinctive prescription on August 22, 2013 at the expiration of 10 years thereafter.

In addition, as long as the secured claim has expired by prescription, the above secured mortgage established to secure it also has expired according to the appendant nature.

Therefore, the Plaintiff, who is a pecuniary claim against B, has the right to seek cancellation of the instant right of collateral security by subrogation of B in order to preserve the monetary claim against B, and eventually, the Defendant shall register cancellation of the instant right of collateral security to B.

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