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(영문) 의정부지방법원고양지원 2020.06.24 2019가단92786
근저당권말소
Text

1. The defendant shall support the plaintiffs with respect to each real estate listed in the attached list of real estate in the Jung-gu District Court.

Reasons

1. Basic facts

A. D and E agreed to pay KRW 300,000,000 to the Defendant by September 10, 2005 regarding a real estate sales contract on March 9, 2005.

B. On September 30, 2008, the Plaintiffs completed the registration of creation of a collateral (hereinafter “instant collateral security”) on the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiffs on September 30, 2008, with respect to D’s non-performance of the obligation under the said agreement as the secured obligation. The Plaintiffs completed the registration of creation of a collateral security (hereinafter “instant collateral security”).

C. On October 17, 2018, the Defendant applied for an auction on the instant real estate based on the instant right to collateral security, and the court decided to commence the auction on October 17, 2018.

(J) The Plaintiffs asserted that the extinctive prescription of the secured obligation of the instant right to collateral security has expired and raised an objection to the decision to commence the voluntary auction, and the court dismissed the application for commencement of the voluntary auction by accepting the Plaintiffs’ objection.

[Reasons for Recognition] Unsatisfy, Gap 1, 3, 5-10 Evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that since the extinctive prescription of the secured debt of this case has expired, the mortgage of this case should be cancelled.

(b) Security rights such as collateral security shall expire upon expiration of the prescription of the secured claim due to the appendant nature of the secured claim.

According to the facts based on the facts, it is reasonable to view that the extinctive prescription has expired on September 30, 2018, since D’s obligation to pay an agreed amount against the Defendant, which is the secured obligation of the instant right to collateral security, had already reached the due date prior to September 30, 2008, on which the instant right to collateral security was established.

Since the right to collateral security of this case has expired in accordance with the appendant nature of the right to collateral security of this case, the defendant is the owner of the real estate of this case.

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