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(영문) 대구지방법원서부지원 2015.09.23 2014가단36997
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. On April 16, 2015, this Court shall apply to cases where a request for suspension of compulsory execution is filed by this Court.

Reasons

1. The Plaintiff is a creditor of money calculated at the rate of 22% per annum from December 26, 1999 to the date of complete payment of KRW 9,494,452 within the scope of the Plaintiff’s inherited property from B, and from December 26, 1999. On March 6, 1992 and March 18, 193, the copy of the register of the land of this case, as to the land of this case, Eul completed the registration of creation of the collateral of this case with the maximum debt amount of KRW 9.5 million as the right to collateral security, and Eul completed the registration of establishment of the collateral of this case with respect to the land of this case on December 4, 2004 on the ground of inheritance, and each of the above mortgages was established on the ground of debt acquisition on November 29, 204, and Defendant also indicated the purport of the registration of establishment of the collateral of this case as the right to collateral security of this case as the right to collateral security of this case on the ground of assignment.

2. The assertion and judgment

A. The plaintiff asserted that the registration of the establishment of a mortgage of each of the preceding units of this case is invalid by the false declaration of intent made by the agreement between the defendant and B (the plaintiff's assertion that there is no doubt that the secured debt of each of the preceding units of establishment registration is not actually existing shall be deemed as the principal of the pre-agreement). Even if this is not so, since the extinctive prescription of the secured debt has expired by the completion of the secured debt and the right to collateral security has expired in accordance with the appendant nature, the defendant, upon the plaintiff's request

B. Determination of the assertion of false conspiracy regarding each of the preceding mortgages of this case was about 10 years from December 4, 2004, which was the right to collateral security (right to collateral security) of the Defendant, the right to collateral security (right to collateral security). The lawsuit of this case was filed and delivered a copy of the complaint on January 22, 2015.

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