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(영문) 부산지방법원 서부지원 2018.12.11 2018가단102735
근저당권말소
Text

1. The defendant received on July 24, 2007 from the Busan District Court Seo- Branch with respect to the real estate stated in the attached list from the plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments as indicated in the evidence Nos. 1 and 3, the Plaintiff borrowed KRW 14 million from the Defendant on July 23, 2007 from the first policeman on July 23, 2008, with the maturity of payment on July 23, 2008. The Plaintiff agreed with the Defendant on the establishment of a mortgage with regard to the real estate listed in the separate list owned by the Plaintiff at the time of the establishment of a mortgage with the maximum debt amounting to KRW 17 million as to the real estate owned by the Plaintiff in order to secure the above loan obligation, and the registration of establishment of a mortgage as stated in the order of the next month can be acknowledged, which is the only secured debt of the above loan, and the fact that the legal brief dated November 20, 2018, stating the Plaintiff’s intent to terminate the said mortgage contract, was delivered to the Defendant on July 21, 20

According to the above facts, the secured debt of the above right to collateral security was finalized on November 21, 2018, and when considering the whole purport of the pleading in the statement No. 2 of the evidence No. 2 of the court below, it can be recognized that the amount equivalent to KRW 3 million out of the above secured debt has expired by payment, and since it is apparent that the remainder of KRW 11 million has expired by prescription, the above secured debt has been entirely extinguished by prescription. Thus, the above secured mortgage is null and void because the secured debt did not exist later.

Therefore, the plaintiff's claim of this case against the defendant for the implementation of the procedure for cancellation registration of the registration of the establishment of the above neighboring mortgage is reasonable, and it is so decided as per Disposition.

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