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(영문) 광주지방법원 순천지원 2015. 01. 13. 선고 2014가단16429 판결
근저당 말소 및 승낙의 표시[국패]
Title

Description of the cancellation of the collateral security and of the consent;

Summary

The claim against Defendant SongB against the formerCC was extinguished by the expiration of the ten-year prescription period (Article 369 of the Civil Act) and accordingly, the foregoing right to collateral security also expired (Article 369 of the Civil Act). Moreover, the seizure of the right to collateral security against the Defendant’s Republic of Korea against which the extinctive prescription has expired is limited to the claim for which

Cases

2014 Ghana 16429 Indication of Consent

Plaintiff

AA Agricultural Cooperatives

Defendant

1. B2. The Republic of Korea

Conclusion of Pleadings

January 13, 2015

Imposition of Judgment

January 27, 2015

Text

1. Defendant SongB shall implement the procedure for registration of cancellation of the registration of establishment of a neighboring mortgage completed as No. 11518 of the receipt on June 5, 1995 with respect to each real estate listed in the separate sheet to the previousCC.

2. As to the registration of cancellation as described in paragraph (1), Defendant Republic of Korea shall express its intention of acceptance.

3. The costs of lawsuit shall be borne by the Defendants.

Cheong-gu Office

The same shall apply to the order.

Reasons

Considering the overall purport of the arguments in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 (including each number), the plaintiff set out and lent OOO won to the JeonCC on May 4, 200 as 12.95% per annum and overdue interest 18.75% per annum, and overdue interest 18.75% per annum. The plaintiff was ordered to provisional seizure of real estate as stated in the separate sheet No. 2007Kadan95 on January 9, 2007 by the court. KimD, a joint guarantor of the JeonCC, repaid OOD won to the plaintiff on October 31, 2007 on the condition that the formerCC exempted the guarantee. The plaintiff's claim was not fully paid OOB in the case of the compulsory auction of real estate of Lee E, 2007, around 8102, and the list No. 1500, Jun. 15, 2005.

According to the above facts, Defendant SongB’s claim against Defendant SongB on the JeonCC has expired due to the expiration of the ten-year prescription period (Article 369 of the Civil Act) and accordingly, the above right to collateral security has expired (Article 369 of the Civil Act). Moreover, the seizure of the right to collateral security against the Defendant’s Republic of Korea on which the statute of limitations has expired is limited to the claim

The defendant Republic of Korea asserts that the defendant SongB may have a claim against allCC, but there is no ground to recognize this.

Thus, the plaintiff subrogated the formerCC, and the defendant SongB is obligated to implement the registration procedure for cancellation of the establishment registration of the above neighboring mortgage, and the defendant Republic of Korea is obligated to express his consent to the above cancellation registration. Thus, the plaintiff's claim against the defendants is accepted for each reason, and it is so decided as per Disposition.

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