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(영문) 대전지방법원천안지원 2019.10.16 2019가단5440
근저당권말소
Text

1. The Defendants received on March 21, 2001 from the Daejeon District Court Branch on the real estate stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 21, 2001, the Plaintiff borrowed KRW 4,000,00 from H until December 31, 2001, and completed the registration of the establishment of a neighboring real estate owned by the Plaintiff as security for the said loan debt (hereinafter “instant real estate”) with the Daejeon District Court No. 17170, Mar. 21, 2001, as the receipt of the maximum debt amount of KRW 6,000,000, the debtor, and the mortgagee of the right to collateral security (hereinafter “instant real estate”).

B. H died on May 16, 2005.

Defendant B’s wife, Defendant C, D, E, F, and G are children of H and their heir.

【Ground of recognition】 Each entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of determination, since the extinctive prescription of H’s claim against the Plaintiff was completed on December 31, 2001 with the lapse of ten years from December 31, 201, which was due date, and expired on December 31, 201, the right to collateral security of this case, which was completed with H’s claim against the Plaintiff as the secured claim, was also extinguished based on the subsidiary nature of the security right.

Therefore, the establishment registration of the neighboring mortgage of this case is null and void.

The Defendants, the successors of H, the right to collateral security, are liable to implement the registration procedure for cancellation of the establishment registration of the instant mortgage that is null and void to the Plaintiff.

3. Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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