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(영문) 대구지방법원상주지원 2019.08.14 2019가단585
근저당권말소
Text

1. The Defendant received on February 17, 2003 from the Daegu District Court with respect to the land size of 2,122 square meters prior to Dongyeong-si, the Defendant received on February 17, 2003.

Reasons

1. In light of the overall purport of the argument in the evidence Nos. 1 through 4 as to the Plaintiff’s claim, the fact that the registration of creation of a mortgage on the part of the Plaintiff and the mortgagee’s maximum debt amount of KRW 30 million was completed on February 17, 2003 with the Daegu District Court No. 2236 on February 17, 2003 regarding the registration of creation of a mortgage on the part of the Plaintiff’s 2,122 square meters owned by the Plaintiff.

(hereinafter “instant collateral security”). According to the foregoing, the instant collateral security obligation was extinguished by lapse of 10 years from February 17, 2003, which was its establishment date, barring any special circumstance. Thus, the instant collateral security obligation expired pursuant to Article 369 of the Civil Act, barring any special circumstance.

(On the other hand, according to the evidence evidence No. 1, the mortgage of this case also consists of the land D and E located in the Dong-si as a joint collateral on July 21, 2006. Even if the Defendant exercised his right in the above public sale procedure, it is apparent that the period of ten years has passed again since the Defendant exercised its right). Therefore, the Defendant is obliged to implement the procedure for registration of cancellation of the registration of the establishment of the mortgage of this case to the Plaintiff.

2. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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