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(영문) 춘천지방법원영월지원 2013.12.18 2013가단3588
근저당권설정등기말소등기 등
Text

1. The defendant on October 17, 2000 registry office of Taecheon District Court with respect to the 16,528 square meters of C forest land in Taecheon-do, Taecheon-do, Taecheon-do.

Reasons

1. Basic facts

A. On October 17, 2000, the Defendant created the right to collateral security (hereinafter referred to as the “mortgage of this case”) on the obligor, the maximum debt amount of KRW 35,000,000 with respect to C forest land of KRW 16,528 square meters (hereinafter “the instant real estate”).

B. On October 8, 2012, the Plaintiff acquired a claim against B from the Korea Asset Management Corporation (Seoul District Court Decision 2005Da49864, Daegu District Court) and was delegated with the authority to notify the assignment of claims.

C. B died on February 18, 2010, D and E among inheritors were accepted on August 13, 2010 ( Daegu District Court Decision 2010Ra196), and F was accepted as qualified acceptance on the same day.

(F) Daegu District Court Decision 2010 Madan195) d.

Accordingly, around December 14, 2012, the Plaintiff filed a lawsuit against B’s inheritors as Seoul Central District Court Decision 2012Da1302301, and served a complaint around that time. On October 2, 2013, the judgment was rendered that “F shall pay to the Plaintiff 14,609,550 won and 4,186,430 won with interest of 20% per annum from April 30, 2013 to the date of full payment.” The said judgment became final and conclusive around November 5, 2013.

E. B does not have any special property other than the instant real property.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including each number in the case of additional number) and the purport of whole pleadings

2. According to the allegations and the facts of the judgment above, the extinctive prescription of the Defendant’s collateral obligation against B was completed on October 17, 2010 after ten years from the date of establishment of the right to collateral security, except in extenuating circumstances.

Therefore, in this case where the plaintiff seeks reimbursement of B, the defendant has a duty to implement the registration procedure for cancellation of the right to collateral security of this case to the deceased B.

As to this, the defendant did not reach B the notification of the assignment of claims, and several years have passed since B died.

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