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(영문) 광주지방법원 2015.10.06 2015가단511748
근저당권말소
Text

1. The defendant shall receive on May 29, 2002 from the Gwangju District Court Magsung registry office with respect to the real estate stated in the attached list to B.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against B, etc. on December 6, 2006 as the Gwangju District Court Decision 2005Da78754, and filed a lawsuit on December 6, 2006 with the plaintiff, "B, etc., jointly and severally with the plaintiff 93,703,870 won and 93,283,790 won among them, 18% per annum from May 21, 2004 to May 31, 2005; for Korean Commercial Food Co., Ltd, until December 20, 2005; for B and C, until November 9, 2005; for D, until December 14, 2005; and for D, by 20% per annum from the next day to the day of complete payment, the above judgment became final and conclusive; and for which the judgment became final and conclusive.

B. B, on May 29, 2002, made the Defendant the maximum debt amount of KRW 15 million with respect to the real estate indicated in the attached list, and completed on April 14, 2004 each registration of creation of a mortgage under the Defendant’s name (hereinafter “registration of creation of a mortgage of each of the instant cases”) on the basis of the maximum debt amount of KRW 19 million.

(c) B is currently in excess of obligations.

[Ground of recognition] The non-contentious facts, Gap's statements in Gap's evidence 1 to 4, each fact inquiry results against the head of the cerealistice of this court and the head of Jongno-gu Office

2. The parties' assertion

A. Although there is no secured claim regarding the registration of creation of each of the instant claims on the part of the Plaintiff, and even if not, the secured claim became extinct by prescription, each of the above registrations must be cancelled.

B. The defendant lent to the defendant B KRW 15 million on May 27, 2002, and KRW 19 million on April 13, 2004, respectively, and completed the registration of creation of a mortgage for each of the instant loans to secure this. Since the above loans have not yet been repaid, the above registration shall not be cancelled.

3. Determination

(a) The right to collateral security is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future, and a certain limit is set at a settlement period for the future.

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