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(영문) 대전지방법원 2018.03.28 2017가단9029
근저당권설정등기말소
Text

1. The defendant, on May 1, 1995, shall be against the plaintiff on the 351m2 of the Gangwon-do Incheon District Court's Incheon District Court's Incheon District Court's Incheon District Court's Incheon District Office.

Reasons

1. Indication of claim;

A. From around May 1995, the Plaintiff established the right to collateral security on May 1, 1995 in order to secure the Defendant’s obligation to pay goods to the Defendant.

B. On June 30, 1996, the Plaintiff closed its business and repaid all obligations to the Defendant.

Even if the debt remains, the secured claim of the above-mortgage has been more than 10 years since the date of establishment, and the extinctive prescription has expired.

C. Since the secured claim of the above right to collateral security has no effect upon repayment or lapse of prescription, the defendant is obligated to cancel the registration of establishment of the above right to the plaintiff according to the appendant nature.

2. Judgment made by the confession of applicable provisions of Acts (Articles 208 (3) 3 and 150 (3) of the Civil Procedure Act);

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