근저당권설정등기말소
1. The Defendants are Daegu District Court with regard to the real estate stated in the attached list to the Plaintiff in proportion to the attached inheritance shares.
1. Facts of recognition;
A. On March 28, 1996, the Plaintiff rendered the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) by the Daegu District Court No. 7065, on the same day on the grounds of a contract to establish a new mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the maximum debt amount of KRW 300 million and F.
B. The F, the above right to collateral security, died on March 22, 2005, and his heir is the wife and children.
The defendants' shares in inheritance shall be as shown in the attached inheritance shares.
[Ground] Facts without dispute, Gap 1 through 3 evidence, fact-finding with respect to the Daegu Nam-gu Office of this Court, the purport of the whole pleadings
2. On November 3, 2000, the Plaintiff’s summary of the Plaintiff’s assertion fully repaid the F with the collateral security obligation.
In addition, F's claim on collateral security was extinguished by the expiration of the extinctive prescription.
Therefore, the registration of the establishment of the neighboring mortgage of this case should be cancelled.
3. Defendant D’s judgment as to Defendant D is deemed to have led to the confession of the Plaintiff’s above assertion, since Defendant D did not submit a written response to the Plaintiff’s claim and did not appear in the pleading of this case.
4. Determination as to Defendant B, E, and C
A. First of all, there is no evidence to support the Plaintiff’s repayment of the collateral security obligation to F, the creditor of the collateral security right, and this part of the allegation is without merit.
B. Next, we examine the assertion of extinctive prescription of the collateral security obligation.
As seen earlier, since the right to collateral security was established on the ground of a contract to establish a contract on March 28, 1996, the extinctive prescription of the right to collateral security shall be calculated from that time unless there are other special circumstances. The fact that the ten-year period has elapsed is apparent from that time.
Therefore, barring special circumstances, the statute of limitations for the instant collateral security obligation has expired around March 28, 2006, which was ten years since March 28, 1996.
2.3.