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(영문) 대구지방법원 2017.12.19 2016가단109519
근저당권말소
Text

1. As to the real estate stated in the attached list to B, the Defendant shall register the vice branch court of the Daegu District Court with respect to the real estate stated in the attached list and on October 28, 2008.

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against B and C with the Daegu District Court 2007Da65136, Oct. 25, 2007. The above court rendered a judgment of 14% per annum from Aug. 16, 2006 to Nov. 15, 2006; 16% per annum from Nov. 16, 2006 to Jun. 20, 2007; 10.6% per annum from Jun. 20, 2007 to Jun. 207; 20.6% per annum from Jun. 20, 2007 to Jun. 20, 2007; 30.6% per annum from Jun. 20 to Jun. 20, 2007 to D and D with C; 78,80,000 among the above money; 206.6% per annum from Jun. 20, 2006 to 206.

B. On the other hand, B completed the registration of establishment of a mortgage over KRW 120,00,000 (hereinafter “registration of establishment of a mortgage of this case”) to the Defendant on October 28, 2008, based on the contract to establish a new branch court of the Daegu District Court as of October 28, 2008 and the maximum debt amount of KRW 120,00,000 (hereinafter “registration of establishment of a mortgage of this case”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-1, 2-2 and 2-1, the purport of the whole pleadings

2. The parties' assertion

A. The registration of the establishment of a mortgage near the Plaintiff’s assertion that the establishment of a mortgage in the instant case was completed without any substantive cause, even though there was no secured debt, and even if there was a secured debt in the instant case, the act of lending to B, which had run the business, is subject to the five-year extinctive prescription. As such, B may seek cancellation of the establishment of a mortgage in the instant case due to the absence or extinguishment of the secured debt against the Defendant. Thus, the Plaintiff may seek for the cancellation of the establishment of a mortgage in the instant case due to the absence or extinguishment

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