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(영문) 대구지방법원 2019.12.24 2019가단10306
근저당권 등 말소
Text

1. Defendant (Appointed Party) B, Selected D, E, and F shall be the Daegu District Court with respect to the Plaintiff’s forest 4,966 square meters in Yongcheon-si.

Reasons

1. Claim against Defendant C Co., Ltd.

A. On August 31, 1998, the Plaintiff indicated the claim 1). On August 31, 1998, the Plaintiff is a 4,966 square meters of G forest in Yeongdeungpo-si (hereinafter “instant real estate”).

2) On August 23, 200, H completed the registration of creation of a superficies with respect to the instant real property under the Daegu District Court No. 16062, Gyeongsan District Court No. 16062, Aug. 23, 200; the registration of creation of a superficies with the duration of 30 years as of August 23, 200; the registration of creation of a superficies with the duration of 143,00,000,000 as of July 18, 2001; and the registration of creation of a mortgage with the maximum debt amount of 143,00,000,000, as of May 30, 2006; and the Defendant C Co. completed the registration of creation of a mortgage and the registration of transfer of a superficies under the status of 17206, Jun. 23, 2006.

3) The extinctive prescription has expired after the lapse of ten years from August 22, 200, and July 12, 2001, which is the date of the contract, for each of the above collateral security rights and superficies secured claims. Accordingly, Defendant C Co., Ltd. is liable for the Plaintiff to perform the registration procedure for cancellation on the registration of the establishment of mortgages and the registration of the creation of superficies around each of the above regions.

(b) Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. According to the evidence No. 1, No. 1, and evidence No. 1, written by Defendant (Appointed Party) B, Selection D, E, and F, the following facts are as follows: (i) on August 1, 1989, I lent KRW 100 million to J, K, and L with business funds as of May 31, 1990; (ii) on the instant real estate in order to secure the above loan claims, I completed the registration of creation of mortgage with respect to the instant real estate as of August 3, 1989, with the maximum debt amount of KRW 1367,00,000,000, the debtor J, the debtor J, and the mortgagee I; and (iii) thereafter, I died on January 11, 201, and it is recognized that Defendant (Appointed Party), B, D, and E were its heir.

According to the above facts, I’s loans to J, K, and L, the secured debt of the instant collateral security (hereinafter “instant secured debt”) constitute civil claims.

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