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(영문) 광주지방법원 2020.04.03 2019가단19233
근저당권말소
Text

1. The Defendants received on June 15, 2006 from the registration office of the Gwangju District Court with respect to the real estate stated in the attached list from the Plaintiff.

Reasons

1. Basic facts

A. The real estate listed in the attached list (hereinafter “instant real estate”) was owned by G, the Plaintiff’s father. G on June 15, 2006, the real estate of this case was established as the registration office of Gwangju District Court No. 126390, Jun. 15, 2006, which received on June 15, 2006.

(hereinafter “instant collateral security”). B.

H The heir died on November 4, 2007, and his heir is Defendant C, E, and F, who is the spouse.

C. G was dead on December 31, 2017 and the Plaintiff completed the registration of ownership transfer as of June 20, 2018, which was received on June 20, 2018 by the Gwangju District Court’s registration office, due to inheritance by agreement division as to the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings

2. According to the above facts, the secured debt of the instant right to collateral security has ceased to exist, barring any special circumstances, since the Defendants, the mortgagee, and his heir, did not exercise their rights over the ten-year extinctive prescription period from June 15, 2006, which was the date of creation of the collateral security right.

The mortgage of this case seems to have ceased to exist according to the appendant nature of the right to collateral security.

Ultimately, the Defendants have the duty to complete the registration procedure for cancellation of the registration of the establishment of the instant mortgage against the Plaintiff, who is the owner of the instant real estate.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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