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(영문) 광주지방법원장흥지원 2016.09.21 2016가단845
근저당권설정등기 말소등기 이행청구의 소
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1. The Defendant shall each have the Gwangju District Court with respect to the area of 3,142 square meters and the area of 86 square meters in relation to the area of 3,142 square meters in Jeonnam-gun and the area of 8

Reasons

1. On July 7, 2005, the Plaintiff filed a payment order against B as the head of the Gwangju District Court for the payment order of 2005 tea 432, and the Plaintiff received an order for payment of KRW 58,038,841, and KRW 54,36,188 from April 28, 2005 to the date of delivery of the instant payment order, 15% per annum from the next day to the date of full payment, and 20% per annum from the next day to the date of full payment.” The above payment order was finalized around that time.

On the other hand, B completed the registration of establishment of mortgage on August 5, 2002 on the ground of the contract to establish a mortgage on each of the real estate listed in the Disposition No. 1, which was completed on August 6, 2002 by the head of the Gwangju District Court, which was the receipt of No. 8060 on August 6, 2002. However, since the secured debt of the above secured mortgage became extinct due to the completion of prescription, the above secured mortgage also ceased

The plaintiff seeks the cancellation of the above right to collateral security by subrogation as the creditor against B.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

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