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(영문) 광주지방법원장흥지원 2016.02.17 2015가단3960
근저당권말소
Text

1. The defendant shall accept on August 14, 2002 from the Gangwon District Court of Gwangju as to each real estate listed in the separate sheet to B.

Reasons

1. Basic facts

A. On November 25, 2005, the Plaintiff filed a lawsuit against Nonparty B with the Gwangju District Court 2005Da4489, and rendered a final judgment against the Plaintiff on November 25, 2005, “B” with respect to KRW 73,102,342 and its 72,851,58 among them, 18% per annum from September 27, 2003 to June 13, 2004; 15% per annum from the following day to October 13, 2005; 20% per annum from the following day to the date of full payment; 3% per annum from the following day to the date of final judgment of 205Da4230; and 30% per annum from the above court to the date of final judgment of 30% per annum 19,205 to the date of final judgment of 30% per annum 209,209Da4230,589.”

B. Meanwhile, as to each real estate listed in the separate sheet owned by the above B (hereinafter “the instant real estate”), the establishment registration of a collateral security (hereinafter “mortgage registration”) was completed on August 13, 2002 with respect to the agreement to establish a contract, maximum debt amount, KRW 15 million as of August 13, 2002, as of August 14, 2002, which was received on August 14, 2002.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the secured debt registered as the instant right has expired after the expiration of the extinctive prescription on August 13, 2012, which was ten years from August 13, 2002, which was concluded, and the instant secured right also expired based on the nature of the appendant. Therefore, the Defendant is obligated to cancel the registration of the instant secured right.

B. The defendant against this, the above B shall be the defendant.

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