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(영문) 창원지방법원 통영지원 2017.04.27 2016가단23426
근저당권말소
Text

1. As to C’s forest land D 19537 square meters in Tong-si, Tong-si

A. The defendant A received on February 5, 1990 from the Changwon District Court Heading the Changwon District Court.

Reasons

Basic Facts

A. On May 8, 2014, the Plaintiff filed a lawsuit against C with respect to the claim for reimbursement (Seoul Central Court 2014da110640), and on May 8, 2014, the decision of performance recommendation was finalized that “the Defendant shall pay to the Plaintiff 8,792,784 won and 8,609,125 won each year from January 1, 2014 to the delivery date of the duplicate of the instant complaint and 15% interest per annum from the next day to the full payment date.”

B. On February 5, 1990, C completed the registration of creation of a mortgage over KRW 15 million with the maximum debt amount under the title of 1695 to Defendant A, who received the branch court’s support of Changwon District Court, on February 5, 1990 with respect to the 195m2 (hereinafter “the instant real estate”). On August 23, 1990, C completed the registration of establishment of a mortgage over KRW 15 million with the Changwon District Court’s branch court’s receipt of the branch court’s support of Changwon District Court’s branch on August 23, 1990.

C. As of the date of the closing of argument, C has no particular active property other than the instant real estate (the officially announced land price as of 2016, the officially announced land price of KRW 16,567,376), while C bears each obligation against the Plaintiff, as to the Plaintiff, KRW 13,850,159, and KRW 17,000,000 for E, and KRW 30,801,644 for a limited liability company specializing in pro-Mamo-Mamo securitization, and such small property is insolvent beyond the active property.

【The record of evidence Nos. 1 and 2 of this Court, the fact-finding on the Court Administration Office of this Court, as a result of the entire pleadings, the extinctive prescription of each of the collateral obligations against the registration of creation of a mortgage over each of the following areas is applied to 10 years, and the due date for payment has not been determined. Thus, the extinctive prescription of each of the above collateral obligations against the registration of establishment of a mortgage over each of the above areas was completed on February 5, 1990 and August 23, 1990, respectively, and ten years have passed thereafter.

(2) Defendant A did not dispute the Plaintiff’s claim for the completion of the statute of limitations on the secured debt, but requested the Plaintiff to pay the consolation money of one million won and the cancellation cost of the establishment registration prior to the establishment registration as of April 7, 2017.

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