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(영문) 전주지방법원정읍지원 2017.05.30 2016가단12432
근저당권말소
Text

1. The Defendant shall make a senior registry office in the Jeonju District Court with respect to the portion of 1/3 of 1,041 square meters among the portion of 1,041 square meters in Go Chang-gun, Jeon Chang-gun

Reasons

1. Basic facts

A. On June 3, 2006, the Plaintiff received a loan claim against Nonparty F ( principal amounting to KRW 10 million) from the Korea Deposit Insurance Corporation in bankruptcy of the Han River Cooperatives, and the Korea Deposit Insurance Corporation notified F on March 16, 2006.

B. With respect to the establishment registration of a mortgage-based collective security (hereinafter “the instant real estate”) with respect to the area of 10,041 square meters, which is owned by F, Jeon Chang-gun, Go Chang-gun, Jeon Chang-gun, Jeon Chang-gun, the Jeonju District Court (Seoul District Court No. 10708, Jul. 31, 1998; 9 million won, the maximum debt amount due to the contract on July 29, 1998; the establishment registration of a mortgage-based collective security right-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security-based collective security right-based collective security-based collective security-based collective security-based collective security-based collective security

(C) The registration of the establishment of each of the following units was completed (hereinafter referred to as “registration of the establishment of each of the following units”).

The F died on October 25, 199 (hereinafter referred to as “the deceased”), and the non-party D, E, and B, his heir, succeeded to the deceased each 1/3 share.

D, E, and B are insolvent as of the date of the closing of the instant argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) 18 years have passed since the completion of the registration of creation of each of the instant collateral on the plaintiff's assertion. The secured debt was extinguished due to repayment or extinctive prescription, and the plaintiff may subrogate the deceased or his heir as the creditor of the deceased. Therefore, the plaintiff is obligated to implement the registration procedure for cancellation of each of the instant collateral on April 30, 2007, each of the instant collateral units of the real estate, completed to D, E, and B, the heir of the deceased. 2) The defendant's assertion D, E, and B filed a petition for bankruptcy and exemption with the Government District Court on December 10, 2008.

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