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(영문) 대구지방법원서부지원 2015.11.19 2015가단35687
근저당권말소
Text

1. With respect to the Plaintiff’s 1,898 square meters prior to Sung-gun, Sung-gun, Sung-gun, the Defendant shall have the Sung-dong Branch Office of the Daegu District Court on 2003.

Reasons

1. The Plaintiff established, on July 15, 2003, the right to collateral security (hereinafter “instant real estate”) against the Defendant regarding the real estate indicated in the order (hereinafter “instant real estate”) with the maximum debt amount of KRW 150,000,000, and the debtor as the Plaintiff.

After the establishment of the above right to collateral security, the defendant does not exercise the right to collateral security until now.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. According to the facts of the above recognition, the Defendant’s claim was extinguished by prescription due to the Defendant’s failure to exercise the above secured claim for ten years, and the above secured claim was extinguished as long as the secured claim became extinct.

(A) The Defendant’s assertion that the statute of limitations does not run solely on the ground that the documents related to the establishment of the right to collateral security are kept, and the Defendant’s assertion is not reasonable in itself). 3. Conclusion, the Defendant is obliged to implement the procedure for registration of cancellation of the establishment of the right to collateral security on the real estate stated in the disposition.

Plaintiff

The request shall be reasonable.

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