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(영문) 부산지방법원동부지원 2019.11.28 2019가단208627
근저당권말소
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall register with the Busan District Court Dong Branch, and on November 7, 1997.

Reasons

1. Basic facts

A. On November 6, 1997, the Plaintiff borrowed money from the Defendant, and completed the registration of the establishment of a mortgage over KRW 9950,000 won (hereinafter “the creation of a mortgage of this case”) with respect to the real estate as indicated in the separate sheet (hereinafter “the instant real estate”) on November 7, 1997, with the Busan District Court’s Dong branch branch court’s registration and the maximum debt amount No. 103879, Nov. 7, 1997.

B. On June 14, 2010, the Plaintiff completed the registration of transfer of ownership based on donation on the same day.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including virtual number), the whole purport of the pleading

2. Judgment on the plaintiff's claim

A. The plaintiff asserts that the registration of establishment of a mortgage of this case should be cancelled because the secured debt of this case was extinguished by the completion of extinctive prescription.

If the purport of the entire pleadings is added to the above facts, the defendant at least could have exercised the secured debt of this case since November 7, 1997, which was the date of the registration of the establishment of a mortgage of this case, the date of the registration of the establishment of a mortgage of this case, and there was no fact of exercising the above secured debt until ten years thereafter.

B. As to this, the Defendant asserted that the period of extinctive prescription was suspended after the Plaintiff received the gift of the instant real estate on June 14, 2010. However, the Plaintiff’s donation of the instant real estate cannot be deemed to have approved the Defendant’s above loan obligations, and the Defendant’s assertion is not acceptable on the sole basis of the fact that the Plaintiff donated the instant real estate, and there is no other

C. Therefore, the secured debt of the registration of the establishment of a new mortgage of this case shall be deemed to have expired by the completion of the extinctive prescription on November 7, 2007 after the lapse of 10 years from November 7, 1997. Thus, the Defendant is obligated to implement the procedure for registration of cancellation of the registration of the new mortgage of this case to the Plaintiff.

3. We decide to accept the Plaintiff’s claim of this case on the grounds of its reasoning.

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