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(영문) 광주지방법원 2018.12.07 2018가단520217
근저당권말소
Text

1. The defendant shall receive on November 25, 2004 from the Incheon District Court's reinforcement registry office with respect to the land size of 621 square meters in Incheon Reinforcement-gun.

Reasons

1. On November 24, 2004, the Plaintiff prepared a loan certificate of KRW 140,000,000 to the Defendant, and established a collateral security right of KRW 140,000,000 with the maximum debt amount of KRW 621 square meters owned by the Plaintiff to secure this, there is no dispute between the parties concerned.

2. According to the above facts, the ten-year extinctive prescription period is deemed to apply to the secured claim of the instant right to collateral security, which constitutes a general claim. However, even if there is no other assertion as to the due date and the contract establishing the instant right to collateral security was concluded, it is apparent that ten years have passed since the lapse of ten years, and the extinctive prescription of the instant secured claim was completed, and the Defendant is obliged to implement the procedure for registration cancellation of the registration of the instant secured right to collateral security.

In regard to this, the Defendant asserted that the period of extinctive prescription has been interrupted because he received interest from the Plaintiff and D working in the same business for two months around 2012. However, there is no evidence to acknowledge it, and even if the Plaintiff and D were in the same business or joint and several liability relationship, even if the Plaintiff and D were in the same business relationship or joint and several liability relationship, the extinctive prescription of the claim against the Plaintiff is not interrupted, and thus, the Defendant’s assertion does

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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