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(영문) 춘천지방법원강릉지원 2015.03.19 2014가단8475
근저당권말소등기
Text

1. The defendant shall receive on June 26, 1995 from the plaintiff the Chuncheon District Court with respect to B large scale 31m2 in the East Sea.

Reasons

1. Indication of claim;

A. On November 4, 2014, the Plaintiff purchased B large 31 square meters (hereinafter “instant land”) from C in the East Sea as of November 4, 2014, and completed the registration of ownership transfer with respect to the said land as of November 5, 2014, the Chuncheon District Court’s East Sea Registry No. 13017.

B. On the other hand, C completed the registration of the establishment of a mortgage against the land of this case to the Saemaul Savings Depository in the Korean won, which was received on June 26, 1995 by the same registry office No. 8070, the maximum debt amount of 14,000,000, the debtor D and the mortgagee as the Saemaul Savings Depository in the Korean won.

C. On October 15, 1999, the Defendant merged with the Korea-U.S. Saemaul Bank on the use of the existing Korea-U.S. Saemaul Bank, and completed the supplementary registration prior to the aforementioned right of collateral security under the receipt of No. 952 on January 22, 2000 by the same registry office.

The Korea-U.S. Saemaul Depository and the defendant did not exercise their claims for the period exceeding 19 years from the completion of the registration of the establishment of the above neighboring community until the closing of argument in this case.

E. Therefore, since the aforementioned collateral obligation became extinct by extinctive prescription, the Defendant is obligated to implement the registration procedure for cancellation of the registration of the establishment of the above neighboring mortgage upon the Plaintiff’s claim for removal of interference based on ownership of the instant land.

2. Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by a deemed as a foreigner);

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