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(영문) 서울동부지방법원 2017.11.29 2017가단126959
근저당권말소
Text

1. The defendant shall receive, on April 19, 191, the Gwangju District Court's Yeongdeungpo-gun Office with respect to the size of 420 square meters prior to Jeonnam-gun C.

Reasons

1. Basic facts

A. On April 19, 191, the Defendant completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) based on the same day contract with the obligor E, the mortgagee, the Defendant, and the maximum debt amount of KRW 9,00,000,000, under Article 5926, as to the real estate owned by Nonparty D (hereinafter “instant real estate”).

B. On May 29, 2017, the Plaintiff completed the registration of ownership transfer based on the donation of the instant real estate on the same date.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleading

2. In determining the cause of the claim, there is no defendant's assertion or proof as to the period of reimbursement of the secured claim of this case, and it is reasonable to view that the secured claim of this case as the secured claim of this case is an obligation with no fixed time limit, and the extinctive prescription

Therefore, the secured claim of the instant right to collateral security has expired by prescription on April 19, 201 after the lapse of ten years from April 19, 1991 when the establishment registration of the instant right to collateral security was completed.

The Defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the neighboring mortgage of the instant case.

3. citing the Plaintiff’s claim.

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