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(영문) 대구지방법원의성지원 2015.11.04 2014가단3025
근저당권말소등기 등
Text

1. Defendant B received on May 12, 1998 from the Daegu District Court for the real estate stated in the attached list to the Plaintiff.

Reasons

1. Claim against the defendant B

A. Since the mortgage registration of the establishment of a mortgage of the instant case was extinguished upon full repayment of the secured debt, the establishment registration of a mortgage of the instant case shall be deemed null and void in accordance with the same-sex legal doctrine as the secured debt expired by prescription.

Therefore, Defendant B is obligated to cancel the registration of the establishment of the mortgage of this case to the Plaintiff.

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act deeming that the confession is made;

2. Claim against the defendant company

A. Fact 1) The Plaintiff is the Plaintiff’s loans worth KRW 25 million from Defendant B around April 1996 (hereinafter “instant loans”).

(2) The real estate of this case (hereinafter referred to as the “instant real estate”) as stated in the separate sheet in order to secure the obligation of the said loan borrowed after the date on which the repayment was made.

(2) On October 1, 2014, Defendant Company received a seizure and collection order as to the claim secured by the right to collateral security of this case against Defendant B, Defendant B, the obligor, and the Plaintiff as the garnishee (this Court No. 2014T630), and upon the commission of the above court, the registration of the seizure of the right to collateral security of this case was completed on October 6, 2014 by the court No. 13932, which was accepted on October 6, 2014.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, Gap evidence 3, and 4, and the purport of whole pleadings

B. Since the secured debt of the Plaintiff’s claim for the registration of the establishment of a neighboring mortgage of the instant case was extinguished by the Plaintiff’s full repayment, the registration of the establishment of a neighboring mortgage of the instant case should also be revoked in accordance with the doctrine

Therefore, the defendant company, which has an interest in the establishment registration of the neighboring mortgage of this case, has a duty to express his consent to the registration of cancellation.

C. According to the reasoning of the judgment below, Gap evidence No. 2, C, the plaintiff's wife, 202.

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