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(영문) 춘천지방법원 강릉지원 2018.12.18 2018가단32834
근저당권말소
Text

1. The Defendants, on May 24, 1989, shall be against the Plaintiff on each real estate listed in the separate sheet.

Reasons

According to the evidence Nos. 1 through 6 (Partial No. 6 omitted), I entered into a mortgage agreement with J on May 20, 1989 with respect to each real estate listed in the separate sheet owned by it, and completed the registration of creation of a neighboring mortgage (hereinafter “registration of this case”) of KRW 9,00,000,000,000, as the receipt of the maximum debt amount on May 24, 1989 by the JJ No. 6807, May 24, 1989; I died on May 30, 1994 and jointly inherited I by the Plaintiff, K, L, M, N, andO; I died on May 28, 2018 without his spouse or lineal descendant; and it can be recognized that the Defendants, who were their successors, were jointly inherited by J.

Defendant E and F’s assertion that a lineal descendant has a lineal descendant shall not be accepted against the written evidence No. 3-1 through No. 4. Thus, barring any special circumstance, the secured debt of the above secured debt of the secured debt of J with respect to I was extinguished by the statute of limitations after the lapse of 10 years from May 24, 1989 when the registration of this case was completed, and the secured debt of the secured debt was also extinguished according to the subsidiary nature of the secured debt. Thus, the Plaintiff, one of the co-owners of each real estate listed in the separate sheet, has the right to claim the cancellation of the registration of this case against the Defendants who succeeded to J as a preservation act.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by applying Article 98 of the Civil Procedure Act to the burden of litigation costs.

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