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(영문) 의정부지방법원 2019.10.10 2019가단2223
근저당권설정등기말소
Text

1. The defendant on March 15, 1994, concerning each real estate listed in the separate sheet to the plaintiff.

Reasons

Facts of recognition

A. With respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) for the purpose of securing debts, such as liquor prices, the Plaintiff completed the registration of establishment of a mortgage with respect to each of the real estate listed in the separate sheet (hereinafter “the instant real estate”), without fixing the duration of the right to collateral security or the settling term for the secured debts, the Plaintiff completed the registration of establishment of a mortgage (hereinafter “each of the instant collateral security interests”) with respect to the registration of establishment of a mortgage with the Jung-gu District Court’s Seoul District Court’s registration office No. 2346, Mar. 15, 1994, with the maximum debt amount of No. 100,000,000, the maximum debt amount of which was 4493, April 29, 1996, and with respect to the establishment of a mortgage for each of the instant real estate as the mortgagee C, Defendant C, and E Co., Ltd. (hereinafter “E”), and completed each of the instant collateral security interests.

B. C, on July 18, 2003, agreed with the Defendant to determine the dividing ratio of the shares of the rights to the goods on the co-security, and as of May 31, 2003, as of May 31, 2003, the Defendant’s share of the right to each of the instant real estate was transferred to the Defendant’s transactional security with the zero-party claim. The Defendant’s share of each of the instant real estate was determined

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and judgment of the purport of whole pleadings

(a) The mortgagee of the right to collateral security may claim the extinction of the right to collateral security after the debt has been determined, within the scope of the maximum debt amount.

In addition, if the duration of the right to collateral security or the settlement term for the secured obligation has not been established, the mortgagee of the right to collateral security can settle the secured obligation by expressing his/her intention of termination at any time against the mortgagee.

(See Supreme Court Decision 2000Da48265 delivered on February 26, 2002, etc.). B.

According to the above facts, the plaintiff is at the duration of the right to collateral security or the settlement term of the secured obligation.

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