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(영문) 수원지방법원평택지원 2015.12.18 2015가단42501
근저당권말소
Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B shall have the Suwon District Court’s inner registry office on 1990.

Reasons

1. Basic facts

A. On August 3, 1990, the Plaintiff borrowed money from Defendant B without a maturity agreement, and completed the registration of the establishment of the mortgage over each real estate listed in the separate sheet (hereinafter “each real estate of this case”) against Defendant B as a collateral with respect to the Suwon District Court’s Ansan District Court’s registration office of August 10, 1990, “20,000,000 won” (hereinafter “the registration of the establishment of the mortgage near the Defendant B”).

B. On January 22, 191, the Plaintiff borrowed money from Defendant C without the due date for repayment, and as a security, completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage under Defendant C’s name”) with respect to each of the instant real estate by the Plaintiff, the maximum debt amount of KRW 55,00,000,000, as the same registry office received on January 23, 1991.

C. On July 11, 1995, the Plaintiff borrowed money from Defendant Bo An Agricultural Cooperative without the due date agreement, and completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage in the name of Defendant Bo An Agricultural Cooperative”) with respect to each real estate of this case to Defendant Bo An Agricultural Cooperative as a security under Article 20623 of the same registry office, which was received on August 4, 1995 by the same registry office.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the secured debt of each of the preceding mortgages registered by the Defendants in the name of the Defendants of this case was a loan bond, and its extinctive prescription has expired since it is apparent that five or ten years have elapsed since the extinctive prescription period was expired.

Therefore, the defendants are obligated to implement the procedure for cancellation of registration of cancellation of the establishment registration of each of the preceding mortgages in the names of the defendants of this case on the ground that the secured debt is extinguished.

3. Defendant B, C, and the Plaintiff, who had escaped to discharge his/her obligation, to determine the defense of Defendant B and C.

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