(영문) 대전지방법원 홍성지원 2021.02.26 2020가단1776

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(영문) 대전지방법원 홍성지원 2021.02.26 2020가단1776

근저당권말소

Text

The Plaintiff

A. As to the real estate stated in the attached list, Defendant B shall have jurisdiction over the Daejeon District Court's Boan registry office on April 19, 1995.

Reasons

1. Facts of recognition;

A. On April 19, 195, Defendant B completed on April 19, 1995, on the real estate listed in the separate sheet (hereinafter “the instant real estate”) on April 18, 1995, the registration of the establishment of the right to collateral security (hereinafter “the instant collateral security”) with respect to the real estate (hereinafter “the instant real estate”) as the ground of the mortgage contract on April 18, 1995. Defendant C completed the registration of the establishment of the right to collateral security (hereinafter “the instant collateral security”). Defendant C’s red branch of the Daejeon District Court on March 14, 2008 and the 2008KaKao93 on March 26, 2008, by obtaining a provisional attachment order as to the instant collateral security claim from Defendant B.

(c)

On March 21, 2020, the Plaintiff completed the registration of transfer of ownership on the instant real estate owned by the deceased E.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence No. 1 and the purport of the whole theory

2. Determination as to the cause of claim

A. According to the facts of the above recognition against Defendant B, the secured claim of this case was terminated by the completion of the prescription on April 19, 2005 after the lapse of 10 years from April 19, 1995 when the registration of establishment of the right to collateral security of this case was made at the latest.

Accordingly, the instant collateral security also ceased to exist due to the subsidiary nature of the secured claim.

It is reasonable to view it.

Therefore, Defendant B is obligated to perform the registration procedure for cancellation of the registration of establishment of the instant mortgage concerning the instant real estate to the Plaintiff.

B. 1) Indication of claim against Defendant C: as shown in the attached Form.

2) Judgment deemed a confession (Article 208(3)2 of the Civil Procedure Act)

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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