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(영문) 대전지방법원 논산지원 2021.01.14 2020가단12083
근저당권말소
Text

1. As to each real estate listed in the separate sheet Nos. 1 and 2 to the Plaintiff:

(a) Daejeon District Court Branch of the Daejeon District Court;

Reasons

1. Facts of recognition;

A. On October 29, 1979, the registration of creation of the right to collateral security (hereinafter “instant collateral security”) was completed in the name of the debtor C, the debtor C, and the neighboring mortgagee D Co., Ltd. (hereinafter “instant collateral security”). On the same day, on October 24, 1979, the registration of creation of superficies (hereinafter “the superficies of this case”) was completed in the name of “the ownership, scope, whole land, duration, and duration of the target stone and dried building, 30 years from October 24, 1979, and d Co., Ltd.” (hereinafter “the superficies of this case”). On January 8, 1981, the registration of creation of superficies and creation of superficies was completed in the name of “the superficies of this case”).

B. As to the instant real estate 1 and 2, the registration for the preservation of ownership was completed in the name of E on March 19, 202, and the ownership was completed due to the inheritance due to the division as of November 27, 2001.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, 7, and 8, the purport of the whole pleadings

2. Determination

A. We examine the following facts: (a) there is no evidence to acknowledge that the secured claim of this case was due and due date for payment of the secured claim of this case; (b) the secured claim of this case is a claim with no fixed time limit; and (c) since a claim without fixed time limit may be exercised at the time of its establishment, the extinction

Therefore, the statute of limitations on the right to collateral security of this case was expired since October 29, 1979, and ten years have elapsed thereafter, and it was clear that the statute of limitations expired on October 29, 1989, and the above right to collateral security of this case was terminated. Since the superficies of this case appears to have been established to prevent the subsequent reduction of the value of collateral security of this case, so long as the above right to collateral security has expired due to the extinction of the statute of limitations on the right to collateral security of this case, the above superficies also expired at the same time when the above right to collateral security has lost its purpose.

I would like to say.

Therefore, there are special circumstances.

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