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(영문) 서울동부지방법원 2015.02.05 2014가단105746
소멸시효를 원인으로한 근저당권말소
Text

1. Defendant B’s share of D 1/3 of the 7091m2 in Innju City, Sinju-si, Sinju-si, 7091m2, with respect to the Plaintiff’s share of Suwon District Court.

Reasons

1. Basic facts

A. On April 10, 2008, the Seoul Central District Court rendered a judgment (Seoul Central District Court 2007Gadan469067) that “D shall pay KRW 36 million jointly with E” from the court on April 10, 2008 (Seoul Central District Court 2007Gadan 469067), and the above judgment was finalized on May 10, 2008.

The plaintiff is the final transferee of the claim for the above judgment against D by the social social company of the Eastyang, and on December 10, 2013, the plaintiff was succeeded to the execution clause of the above final judgment.

B. D becomes the owner of one-third share out of C 7091 square meters (hereinafter “instant real estate”) in women’s territory due to the death of the mother-friendly F on June 4, 2008.

C. As to the instant real estate owned by G, H, I, etc. on April 2, 1991, Defendant A completed the registration of the creation of a collateral security (hereinafter “instant collateral security”) with the Suwon District Court’s Branch No. 4861, Apr. 2, 1991, which was received on April 2, 1991, with the maximum debt amount of KRW 100 million, G, Defendant A, and Nonparty J (hereinafter “instant collateral security”).

After completing the registration of ownership transfer on the instant real estate on June 18, 2002, on December 1, 2003, the deceased F completed the registration of creation of the collective security (hereinafter “the instant collective security”) with respect to the instant real estate to Defendant B as the maximum debt amount, No. 31268, which was received on December 1, 2003 from Suwon District Court Branch Branch, KRW 50 million, the debtor F, and the mortgagee B, as the maximum debt amount.

[Reasons for Recognition] Facts without dispute, entry of Gap 1-6 evidence (including serial number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The facts that the instant lawsuit was filed after the lapse of 10 years from December 1, 2003, when the establishment registration of the second collateral mortgage of this case was completed, are apparent in the record, barring any special circumstance such as the interruption of extinctive prescription, the secured claim of the second collateral mortgage of this case is secured.

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