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(영문) 대전지방법원서산지원 2020.02.04 2019가단54165
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the instant claim and its determination

A. The summary of the claim of this case was that C, the obligor of the claim of this case, sought the creation of the instant right to collateral security in relation to the 2/5 co-ownership shares of the instant real estate, who was one of his own, against the Defendant. Since the said right to collateral security was invalid or extinguished by extinctive prescription or repayment ten years after the date of establishment as a false declaration of conspiracy, C’s creditor, by subrogation of C, who was insolvent, sought cancellation of the instant

B. In full view of the written evidence Nos. 1 and 2 of the judgment, the defendant extended a sum of KRW 19,000,000 to C on four occasions between March 20, 208 and March 27, 2008, and the mortgage of this case was established as a security. It can be acknowledged that C continues to obtain debt approval by stating that he/she would repay the above borrowed money to his/her own or his/her own defendant at the time of each year.

Therefore, the right to collateral security of this case is established and continues to exist effectively, and there is no evidence to acknowledge that the right to collateral security of this case was based on a false declaration of intent or extinguished due to repayment, etc., and even though 10 years have passed from the time of establishment, C, which is the debtor, did not complete the extinctive prescription upon the approval of the obligation to the defendant who is his creditor.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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