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(영문) 창원지방법원거창지원 2020.09.08 2020가단426
근저당권말소등기
Text

1. The defendant shall receive on December 16, 1986, the plaintiff with regard to the size of 1,540 square meters in Chang-gun, Chungcheongnam-gun, Changwon District Court.

Reasons

Facts of recognition

A. The Plaintiff’s father deceased D (Death on December 22, 2008) borrowed KRW 3,00,000 from the Defendant, and completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to the Defendant with respect to the real estate of KRW 1,540 square meters (hereinafter “instant real estate”) prior to the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul (hereinafter “instant real estate”) on December 16, 1986, as the Changwon District Court was received on December 16, 1986.

B. On January 15, 1997, the Plaintiff completed the registration of ownership transfer based on a donation made on January 9, 1997.

[Ground of recognition] According to the above facts in Gap evidence Nos. 1, 2, and 3 and the overall purport of the pleadings, it is reasonable to view that the defendant's claim against the deceased D, which is the secured claim of the instant right to collateral security, was established around December 16, 1986, and the ten-year statute of limitations has expired since it is apparent that the ten-year statute of limitations has lapsed, and accordingly, the instant right to collateral security was extinguished due to the nature of the secured claim.

Therefore, the Defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the establishment of the instant neighboring real estate to the Plaintiff.

Thus, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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