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(영문) 청주지방법원 영동지원 2018.05.11 2017가단4170
근저당권말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D completed the registration of ownership transfer with respect to three-seven portion of the real estate listed in the separate sheet No. 1 on February 17, 1995, and completed the registration of ownership transfer with respect to one-fourth portion of the real estate listed in the separate sheet No. 2 on October 9, 201.

B. On March 5, 2003, D completed on March 5, 2003 the registration of creation of a mortgage over the maximum debt amount of five million won (hereinafter “registration of this case”) with the Cheongju District Court No. 2627, which received from the Cheongcheon District Court, No. 2627 with respect to the share of Defendant A, among the real estate listed in the attached Table 1,

7. 10. The registration of creation of a mortgage over the maximum debt amount of KRW 10 million (hereinafter “instant two registrations”) was completed against Defendant B under Article 8332, the receipt of the same registry office with respect to the said share.

On February 25, 2005, D completed on February 25, 2005, the registration of creation of a neighboring maximum debt amount of KRW 19 million (hereinafter “instant three registrations”) with respect to the shares of Defendant C among the two real estate listed in the attached list No. 2, Cheongju District Court No. 2810, which had been accepted by the Cheongcheon District Court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to claims against Defendant A and C

A. In the instant case where there is no evidence that the period of reimbursement of the secured debt of the instant 1, 3 registrations is known, the secured debt of the instant 1, 3 registrations shall be deemed to have run from that time on the date of the registration of the instant 1, 3 registrations. As seen earlier, the registration of the instant 1 was completed on March 5, 2003 and February 25, 2005, respectively, as seen earlier, it is apparent that the ten years have passed since each of the registrations of the instant 1, 3 registrations was completed.

Therefore, the secured debt of the instant 1 and 3 was extinguished by the completion of the extinctive prescription, barring any special circumstance.

B. On the determination of the Defendants’ assertion, the Defendants partially repaid the obligation before D’s extinctive prescription of the secured claim of the instant 1 and 3 registrations has expired.

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