logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.05.01 2017가단519982
근저당권말소
Text

1. Nonparty L:

(a) As to the share of 9/49 out of the real estate listed in Attachment List No. 1, the Gwangju District Court shall be registered.

Reasons

1. Basic facts

A. The Plaintiff is a creditor who received a decision of performance recommendation (19,982,949 won and damages for delay after March 1, 1997) from Nonparty L with a reimbursement for guarantee insurance related to the guarantee insurance.

B. L owns 9/49 shares of each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) in the order of each real estate listed in the separate sheet.

C. The deceased M entered into a mortgage contract on April 28, 1986 with respect to the share of 9/49 out of L and the first real estate, and completed the establishment registration of the neighboring district court No. 12316 on the same day.

M was deceased on February 6, 1992, and the defendant B, C, D, E, F, G, H, and I, the spouse of the defendant A and his children, inherited the property of M.

(3/19 of shares of Defendant A, and 2/19 of shares of the remaining Defendants, respectively) d.

Defendant J concluded a mortgage contract on March 10, 1995 with respect to 9/49 shares of L and the first real estate of this case, and completed the registration of establishment of a mortgage on March 16, 1995 as the receipt of the registration office of the Gwangju District Court No. 9164.

E. Defendant K entered into a mortgage agreement on December 17, 1996 with respect to the share of 9/49 out of L and 2 real estate of this case, and completed the registration of establishment of a neighboring mortgage as the receipt of the registration office of the Gwangju District Court No. 61058 on December 20, 196.

[Grounds for Recognition: Evidence A (including paper numbers), Facts without dispute, purport of the entire pleadings]

2. Determination as to the cause of the claim was made on the real estate Nos. 1 and 2 of this case, at least 20 years to 30 years after the completion of the registration of creation of a mortgage in the name of the deceased, Defendant J, and Defendant K.

Therefore, barring special circumstances, barring special circumstances, such as interruption of prescription, the secured debt of each of the above establishment of a mortgage shall be deemed extinguished by prescription on April 28, 1996, when ten years have elapsed from the date of the establishment thereof, and on March 16, 2005, and on December 20, 2006.

In this regard, "L has promised to pay the secured debt with the compensation when the first and second real estate of this case were incorporated into the redevelopment site, so the security right is not exercised.

arrow