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(영문) 서울중앙지방법원 2018.05.03 2017가단5104579
근저당권말소
Text

1. The defendant, on May 22, 1990, filed with the plaintiff with respect to the Jeonju District Court's 35,207 square meters of land D forest in Jeon Chang-gun, Jeonbuk-gun.

Reasons

1. The following facts may be acknowledged in full view of Gap evidence Nos. 1 and 2, Eul evidence Nos. 2 and the purport of the whole pleadings, and there is no counter-proof.

On May 18, 1990, the Defendant completed the registration of creation of a neighboring mortgage on the order (hereinafter referred to as the “registration of creation of a neighboring mortgage”) with respect to the real estate indicated in the Disposition E (hereinafter referred to as the “instant real estate”) from E on May 18, 1990, with the maximum debt amount of KRW 3 million, the obligor E, and the mortgagee as the Defendant secured and lent the instant real estate to E, with the repayment of KRW 3 million after one year.

B. A purchased the instant real estate on July 13, 1990 and acquired its ownership.

C. Meanwhile, on January 19, 2017, A was declared bankrupt by the Jung-gu District Court 2016Hadan1886, and the Plaintiff was appointed as A’s trustee in bankruptcy.

2. According to the above facts of recognition, since the ten-year extinctive prescription of the Defendant’s claim against E, which is the secured claim of the instant right to collateral security, has expired, the Defendant is obligated to implement the procedure for registration of cancellation of the establishment of the instant right to collateral security against the Plaintiff. The Plaintiff’s claim is justified, and is so decided as per Disposition.

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