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(영문) 서울동부지방법원 2019.06.14 2018가단138980
근저당권말소
Text

1. The defendant on May 1, 1996, as to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. On May 23, 1996, the deceased C (the death of December 2, 1997) completed the registration of the establishment of a mortgage for the debtor C with respect to each land listed in the separate sheet owned by D (hereinafter “the instant real estate”) as the receipt of the same machine as the date of the Maritime Branch of Gwangju District Court, 10756 on the same date, including the Maritime Branch of the Gwangju District Court, and the registration of the establishment of a mortgage for the debtor C (hereinafter “the registration of the establishment of a mortgage for the instant neighboring land”).

B. D The supplementary registration of the instant right to collateral security on the ground of transfer from May 6, 1998 to E on the ground of transfer from March 30, 1998, E is a supplementary registration of the instant right to collateral security; E is a supplementary registration of the instant right to collateral security on the ground of transfer from April 24, 200 to F on the ground of contract transfer from April 21, 200; F is a supplementary registration of the instant right to collateral security transfer from October 19, 201 to H on the ground of transfer from October 15, 2001; G is a supplementary registration of the instant right to collateral security transfer from March 31, 2008 to H on the ground of transfer from March 26, 2008; H is a supplementary registration of the instant right to collateral security transfer to the Defendant on the ground of transfer from March 26, 2008 to December 18, 2017, each of the instant right to collateral security transfer to H on the ground of transfer.

C. As C’s spouse died on December 22, 1997, the Plaintiff completed the registration of ownership transfer on February 17, 2005 with respect to the instant real estate on the ground of inheritance due to a merger between the parties on December 22, 1997.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion that reimbursement was made 15,00,000 won as the loan to C was paid after C’s death. Since there was no subsequent demand, the secured obligation of the instant right to collateral security was already extinguished due to the repayment. 2) Even if the right to claim the completion of extinctive prescription had been claimed, the secured obligation of the instant right to collateral security was still in existence.

D even a loan to C.

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