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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 21, 1996, the Plaintiff’s spouse B completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) consisting of 56 million won with respect to the land and the housing on the land of Seo-gu, Busan, Seo-gu, and the housing on the ground thereof (hereinafter “instant community credit cooperatives”) from the instant community credit cooperatives, and borrowed KRW 40 million from the instant community credit cooperatives, and on December 21, 1999, borrowed KRW 11.2 million with respect to the above land and the housing on the ground thereof, the Plaintiff’s spouse completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) consisting of 11.2 million won with respect to the above land and the housing on the ground thereof, and was loaned from the said community credit cooperatives as well as KRW 8 million with respect
(hereinafter referred to as “the instant loan obligations”
On March 7, 2006, with regard to the registration of the establishment of the first and second creation of the mortgage of this case on March 7, 2006, the registration of alteration was completed with respect to the debtor as the plaintiff on the same day.
On March 10, 2006, the Plaintiff agreed with the instant community credit cooperatives to accept the instant loan obligations with the consent of B as a discharge. Accordingly, on March 10, 2006, the instant community credit cooperatives extended the repayment period of the instant loan obligations to March 10, 2008.
C. The instant mortgage Nos. 1 and 2 was cancelled on March 25, 2008 due to termination. D.
As the instant community credit cooperatives were under the supervision of the Defendant from around the second half of 2006, the instant community credit cooperatives transferred the instant loan claims to the Defendant on September 29, 2006. On November 30, 2012, the instant community credit cooperatives sent the instant transfer to the Plaintiff by content-certified mail, but did not serve as the addressee’s unknown address.
[Reasons for Recognition: Facts without dispute, Gap evidence 1-1-2, Gap evidence 12, Eul evidence 1-1-2, Eul evidence 5-2, the purport of the whole pleadings]
2. The assertion and judgment
A. (1) The plaintiff and his wife asserted (1) on April 10, 2001 that the plaintiff alleged (A) repayment and the plaintiff and his wife are the land of Seo-gu Busan E in the name of his Dong-si D.