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(영문) 대전지방법원천안지원 2020.11.19 2020가단101221
근저당권말소
Text

1. On March 13, 1997, the Defendant received on the real estate stated in the separate sheet from Daejeon District Court.

Reasons

1. Facts of recognition;

A. On February 197, the Defendant concluded a contract to establish a right to collateral security (hereinafter “mortgage of this case”) with C’s obligation to provide real estate listed in the separate sheet, owned by the Plaintiff, as security, to the Defendant, upon request of C to lend KRW 20,000,000 from C.

B. On March 13, 1997, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “the registration of creation of a neighboring mortgage”) with respect to the real estate indicated in the attached list as the Daejeon District Court Branch of Daejeon District Court (Seoul Branch of District Court) No. 19452, the maximum debt amount of KRW 25,000,000,000, the debtor C and the mortgagee as the defendant, and the defendant lent KRW 20,000 to C around March 18, 1997.

C. Around September 200, the Defendant filed a criminal complaint against C on the charge of fraud, but around September 25, 200, around November 26, 2020, the Defendant agreed not to impose liability for the principal of the loan upon C’s reimbursement of KRW 10,000,000 from C to November 26, 200. On October 24, 200, the Defendant paid KRW 10,000,000 from D and withdrawn the said criminal complaint.

[Grounds for recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. The claim for judgment on the cause of claim shall be extinguished by prescription if it is not exercised within ten years.

(Article 162(1) of the Civil Act. The Defendant’s loan claim against C, which is the secured claim of the instant right to collateral security, shall be deemed to have expired upon the completion of the prescription on October 24, 2010 after the lapse of ten years from October 24, 200, on which the Defendant received the final repayment of the said claim. In the event the secured claim is extinguished, the mortgage under Article 369 of the Civil Act shall also be extinguished, and the establishment registration of the instant collateral shall be cancelled.

3. The defendant's assertion and judgment

A. The defendant asserts to the effect that C is unable to comply with the registration of cancellation of the registration of the establishment of the mortgage of this case since C promised to repay the loan by the end of June 2020.

B. Approval of an obligation as a ground for interrupting extinctive prescription is a party to the prescription benefit.

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