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(영문) 광주지방법원 2019.01.08 2018가단17506
근저당권설정등기말소
Text

1. The defendant received on March 7, 200 from the Gwangju District Court Masung registry office with respect to the real estate stated in the attached list from the plaintiff.

Reasons

According to the overall purport of Gap evidence Nos. 1 and 2 and the argument, Eul, the owner of the real estate listed in the separate sheet (hereinafter "the real estate of this case"), completed the registration of creation of a neighboring mortgage of 80 million won with respect to the above real estate to E on March 7, 200, and the defendant completed the additional registration of the transfer of the above right on April 19, 2002 due to the transfer of the right on April 17, 2002. The plaintiff acquired the ownership of the real estate of this case from D around that time due to purchase and sale as of May 26, 2015, and on the other hand, D repaid KRW 17 million to the creditor of the right to collateral secured by the above right to collateral security of this case as of May 20, 2002.

If so, the claim secured by the above right to collateral security has expired by the lapse of the extinctive prescription on May 20, 2012.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the registration of the establishment of the above neighboring mortgage.

The plaintiff's claim is justified and accepted.

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