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(영문) 전주지방법원 2017. 05. 17. 선고 2016가단35125 판결
피담보채권 소멸시효 완성여부[국승]
Title

Whether the statute of limitations on the secured claim expires

Summary

The period of extinctive prescription is ten years after the Defendants’ secured claim is expired.

Related statutes

Article 162 of the Civil Act: Extinctive Prescription of Claim and Right of Property

Cases

2016 Mada35125 De-mortgage

Plaintiff

Korea

Defendant

AA and six others

Conclusion of Pleadings

April 19, 2017

Imposition of Judgment

May 17, 2017

Text

1. With respect to each real estate listed in the separate sheet to a limited liability company Aa, Defendant AA, BB, CCC, DD, EE, and FF will implement each procedure for cancellation of the registration of the establishment of a neighboring mortgage completed under the receipt of No. 00000 on February 19, 1997, which was completed on February 19, 1997, and Defendant GG, which was completed on March 14, 1997 by the receipt of No. 00000 on March 14, 1997.

2. The costs of lawsuit are assessed against the Defendants.

Cheong-gu Office

The same shall apply to the order.

Reasons

The facts in the attached form of claim do not conflict between the plaintiff and the defendant 1 through 6, and the plaintiff and the defendant 7 are deemed to have led to confession pursuant to Article 150 (3) of the Civil Procedure Act.

Thus, upon the plaintiff's request by a limited liability company Aa, the defendants are obligated to implement the registration procedure for cancellation of the registration of the establishment of the mortgage of each of the real estate listed in the separate sheet as stated in the order.

Therefore, the plaintiff's claim against the defendants is justified, and all of them are accepted.

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