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(영문) 의정부지방법원고양지원 2019.04.17 2018가단14772
근저당권설정등기말소
Text

1. The Defendants shall have jurisdiction over each of 1/3 shares of the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. On July 24, 1991, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “instant collateral security”) with respect to the instant real estate against F, the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) was completed with respect to F, under Article 30756, which was received on July 24, 1991 from the Ji Government District Court, Goyang-dong Branch, Goyang-dong, 30756.

The F died on December 10, 2017, and the Defendants are their children.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination:

A. The Plaintiff asserted that the secured debt of the instant right to collateral security was fully repaid on or around December 20, 1991, but there is no evidence to acknowledge the repayment. Therefore, this part of the allegation is without merit.

B. Security rights, such as the right to collateral security, such as the right to collateral security, are extinguished when the secured debt becomes extinct by prescription due to the appendant nature of the secured debt, and the mortgagee is obliged to perform registration procedures for cancellation of the right to collateral security with respect to the mortgagee of collateral security.

The Defendants did not prove any assertion as to the maturity of the secured claim secured by the instant right to collateral security. Therefore, barring any other circumstance, it is reasonable to deem that the secured claim ought to be extinctive prescription from the time of its establishment with a claim without setting the deadline.

Therefore, F’s claim against F, which is the secured claim of the instant right to collateral security, was extinguished by the statute of limitations after the lapse of ten years from July 24, 191 when the establishment registration of the instant right to collateral security was completed.

Therefore, the Defendants, who inherited F, are obligated to implement the procedure for registration of cancellation of the establishment registration of the establishment of the instant neighboring mortgage with respect to each of the 1/3 shares of the instant real estate to the Plaintiff.

3. According to the conclusion, the plaintiff's claim is accepted.

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