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(영문) 춘천지방법원 2016.12.22 2016가단5590
근저당권말소
Text

1. The defendant,

A. As to each real estate listed in the separate sheet 1 through 8 to the Plaintiff (Appointed Party).

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in Gap evidence No. 1-1 to 13, and there is no counter-proof.

At around 1984, the defendant borrowed 3,000,000 won to Non-Party D.

B. On September 24, 1984, at the Chuncheon District Court Decision No. 8518, which was received on September 24, 1984, for each real estate listed in the separate sheet with the above loan debt as a collateral obligation, the non-party D completed the registration of creation of a collateral for each collateral on the part of the non-party E, with the maximum debt amount of 3,00,000,000 won as the ground of the contract on September 24, 1984, and the collateral mortgagee as the non-party E. The defendant completed the registration of establishment of a collateral for each collateral on each real estate listed in the separate sheet as to the registration of establishment of a collateral on June 19, 202, changing the mortgagee to the defendant, and completed the registration of establishment of a collateral security on June 21, 202 as to the above collateral on each real estate listed in the separate sheet to the non-party E.

C. On July 28, 2016, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) completed each registration of ownership transfer for each real estate listed in the separate sheet No. 1 through 8 on November 24, 2015 on the grounds of inheritance by agreement division. The Selection C completed each registration of ownership transfer for each real estate listed in the separate sheet No. 9 through 13 on July 28, 2016 on November 24, 2015.

2. The plaintiff asserts that since the extinctive prescription of the secured debt for the establishment of the above mortgage on each real estate listed in the separate sheet has expired, the defendant is obligated to implement the registration procedure for cancellation of the registration of the establishment of the above mortgage

According to the facts of the above recognition, the collateral obligation of the establishment of the above mortgage established on each real estate listed in the separate list was occurred in 1984, and it seems that the due date has not been agreed separately.

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