logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.09.17 2019나121894
근저당권말소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. D completed the establishment registration of a collateral security (hereinafter “instant collateral security registration”) with respect to the Defendant with respect to the size of 317 square meters, F.317 square meters owned by it, Daejeon District Court Decision 9822, Jun. 14, 2000, which was received on June 13, 2000, the amount of the maximum debt amount of KRW 4,500,000 (hereinafter “instant collateral security registration”), which was based on the contract concluded on June 13, 200.

B. G limited liability companies have the claim amount equivalent to the amount calculated by the rate of 24.5% per annum from April 3, 2009 to the date of full payment with respect to D’s KRW 6,560,770 and KRW 1,958,554 among them.

C. On December 23, 2009, the Plaintiff received the claim for the said judgment from G Limited Company and received the delegation of the power to notify the assignment of claims, and notified D of the assignment of claims on June 23, 2014.

The claim of this case after the assignment of the claim is 'the claim of this case'.

(i) [The facts without dispute over the basis of recognition, entry in Gap evidence 1, 2, and 3, and the purport of the whole pleadings.]

2. The assertion and judgment

A. The Plaintiff asserts that the secured claim of the instant right to collateral security has expired due to the completion of prescription, and sought a cancellation of the registration of creation of the instant right to collateral security against the Defendant in subrogation of D, the debtor of the instant right to collateral security.

If the purport of the entire argument is added to the facts acknowledged earlier, the right to collateral security of this case is to secure a loan claim, and at least ten years have passed since the establishment of the right to collateral security of this case, the extinctive prescription of the above loan claim was completed on June 14, 2010, and accordingly, the right to collateral security of this case has also expired due to the appendant nature.

Therefore, the defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the establishment of the neighboring mortgage of this case at the request of the plaintiff subrogated to D, barring special circumstances.

B. On July 31, 2010, the Defendant repaid D’s 3,000,000 won out of the secured claim 4,500,000 won to the Defendant, and the remainder is.

arrow