근저당권설정등기 말소 등 청구의 소
1. As to the real estate listed in the separate sheet to the Plaintiff:
A. Defendant B Co., Ltd. is the Suwon District Court’s Ansan Branch.
1. The fact of recognition ① On August 13, 2007, the Plaintiff concluded a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the real estate listed in the separate sheet (hereinafter “instant real estate”). On September 25, 2008, the Plaintiff concluded a sales contract with Defendant B on September 25, 2008, with the remainder of the sales price of KRW 42,230,90 with the Plaintiff as the secured obligation, and completed the registration of creation of mortgage over the instant real estate amounting to KRW 48 million with the maximum debt amount (hereinafter “instant collateral security”).
② Since then, the Korea Deposit Insurance Corporation of Defendant Bankrupt Co., Ltd. (hereinafter referred to as the “Defendant Bankruptcy Corporation”), the Republic of Korea, and the Silung City, upon seizure of each of the instant secured claims, seized each of the instant secured claims, and completed the seizure registration of each of the instant secured claims regarding the instant secured claims.
[Ground of Recognition] Facts that there is no dispute over the defendant corporation B (the defendant corporation Eul), entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings (the defendant corporation)
2. The Plaintiff’s remaining debt owed to Defendant B, which is the secured debt of the instant right to collateral security, was extinguished by the five-year extinctive prescription period from September 25, 2008, which was the date of establishment of the instant right to collateral security.
Therefore, Defendant B is obligated to perform the procedure for cancellation registration of the instant right to collateral security to the Plaintiff, and the obligees who completed provisional seizure registration with respect to the instant right to collateral security, and the remaining Defendants, who are third parties with interest in the registry, are obligated to express their consent with respect to the cancellation registration of the instant right to collateral security.
3. As to the assertion by Defendant Deposit Insurance Corporation in bankruptcy, the Defendant received the order of seizure and collection on August 26, 201 with respect to the secured debt of the instant right to collateral security.