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(영문) 광주지방법원 2020.11.10 2019가단544029
근저당권말소
Text

1. The Defendants, on March 21, 1998, shall be against H (I) in relation to the area of J 446 square meters in Yong-gun, Jeonnam-gun.

Reasons

1. Claim against Defendant C, D, E, F, and G

A. On March 20, 1998, the Plaintiff entered into a mortgage agreement on March 20, 1998 with respect to the deceased K (hereinafter “the deceased”) on a claim for reimbursement against H, and H completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) composed of the debtor H and the deceased, with the amount of KRW 3 million on March 21, 1998, the amount of maximum claim amount was KRW 4054,000,000,000,0000,000 won (hereinafter “the instant real estate”).

After the Deceased died on October 20, 2017, Defendant B, his spouse, succeeded to the Deceased’s shares of 3/13, Defendant C, D, E, F, and G, each of 2/13.

Therefore, the secured debt of this case, which caused three million won of the maximum debt amount, shall be deemed to have been established on the date of creation, etc. on March 21, 1998. Thus, barring any special circumstance, the ten-year statute of limitations has expired since that time, barring any special circumstance.

However, as seen above, H did not exercise the claim for cancellation of the registration of the establishment of the instant neighboring mortgage to secure the claim extinguished by prescription against the said Defendants, but did not exercise it against the said Defendants, and it can be recognized that it is insolvent of excess of debt. As such, the Plaintiff, a creditor of H, may claim for cancellation of the registration of the establishment of the said neighboring mortgage against the said Defendants, the deceased’s heir, by subrogation, for the preservation of the claim against H

Therefore, the above Defendants are obligated to implement the cancellation registration procedure for their inheritance shares during the registration of establishment of a new mortgage in the nearest area of this case to H.

(b) Judgment by public notice by Defendant C (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act) by Defendant D, E, F, and G confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);

2. Claim against the defendant B

A. On August 20, 2010, the Plaintiff was the Gwangju District Court 2010 tea7817.

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