근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The real estate indicated in the separate sheet was owned by C at the original 1,156.81/2,975 shares (hereinafter “the instant co-ownership shares”) and D at the 1,818.19/2,975 shares. As to the instant co-ownership shares, the additional registration was completed on September 13, 2007 before the Defendant’s future supplementary registration was completed on the grounds of a contract establishing a right to collateral security (hereinafter “the instant right to collateral security”) on September 5, 1997, under the title 8250, which was received on September 6, 1997, with the maximum debt amount of KRW 50 million, the debtor C, and the collective security E (hereinafter “right to collateral security”). < Amended by Act No. 5250, Sep. 6, 1997>
B. On November 20, 2014, the Plaintiff purchased the instant co-ownership shares from Suwon District Court, and completed the registration of transfer of ownership under the title of 180901 received on December 16, 2014.
C. On June 8, 2017, the Defendant filed an application for voluntary auction regarding the instant co-ownership shares with the Suwon District Court Ansan Branch F, based on the instant right to collateral security, and the said court rendered a decision to commence voluntary auction on June 8, 2017, and around that time, the said decision was served on the inheritor C.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. At the time of the Plaintiff’s assertion on November 20, 2014, at the time of purchasing the instant co-ownership shares from C, the secured debt of the instant right to collateral against the Defendant was already extinguished after the lapse of ten (10) years of extinctive prescription. Therefore, the Defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the instant right to collateral security against
B. Determination 1) We examine the following. It is evident that the registration of the establishment of the instant mortgage was completed on September 6, 1997, and ten years have elapsed prior to the filing of the instant lawsuit from September 21, 2017. 2) Accordingly, the Defendant’s approval of the liability of C, the debtor, and the Defendant’s application for voluntary auction.