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(영문) 창원지방법원진주지원 2020.04.10 2019가단4911
근저당권설정등기 말소
Text

1. The Defendants shall apply to the Plaintiff with regard to each real estate indicated in the separate sheet indicating the attached real estate in the Changwon District Court.

Reasons

1. Basic facts

A. The Plaintiff is an owner who completed the registration of transfer of ownership by Jinwon District Court’s Jinju Branch Branch No. 12162, Apr. 17, 1993 with respect to the real estate indicated in [Attachment] No. 1] Nos. 12162 with respect to the real estate indicated in [Attachment] No. 1] No. 37377, Jul. 16, 1994, respectively.

B. The Plaintiff is the owner and the contractor of the work in the neighborhood living facilities located in the Jinju-si, which was commenced around December 1996. The Defendants are those who supplied goods at the above construction site, the subcontractor or the above construction site, and the Plaintiff agreed to pay the Defendants the total amount of KRW 120,000,000,000, which was not paid by the end of December 1998.

C. On August 6, 1998, the Plaintiff and the Defendants entered into a mortgage agreement with regard to each real estate indicated in the separate sheet, which contains a maximum debt amount of 120 million won,00,000,000 won, as to each real estate indicated in the separate sheet, in order to secure the payment of the unpaid amount of KRW 120,00,000,000. On August 6, 1998, the Changwon District Court completed the registration of establishment of a mortgage to the above purport as of August 6, 1998, as the receipt of the Jinwon District Court was

(hereinafter referred to as “the registration of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of neighboring area of this case”). [Grounds for recognition] without dispute, entry of evidence A 2-1 and 2-

2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the secured claim of the instant right to collateral of this case was late from the end of December 2008 when the Plaintiff was due for payment, and from the end of January 1, 2012 when the claim for construction payment was made on or after the end of the three years stipulated in Article 163 subparag. 3 of the Civil Act, and from January 1, 2019 when the ten-year period was later, the extinctive prescription has expired, respectively, on or after January 1, 2019. Therefore, the Defendants are obliged to cancel the registration of creation of the instant right to collateral of this case to the Plaintiff based on the nature

3. Defendant C (hereinafter “Defendant C”)’s assertion.

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