근저당권말소
1. The defendant is about the non-party B with regard to the real estate indicated in the attached Form No. B's marking real estate.
1. Facts of recognition;
A. On November 21, 2003, the network C completed the registration of the establishment of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the real estate indicated on the attached property owned by the Defendant on November 21, 2003, with the maximum debt amount of KRW 30,000,000,000,000, and the debtor C, with respect to the real estate indicated on the attached property owned by the Defendant as indicated on the attached property.
B. On February 21, 2004, the Korea Deposit Insurance Corporation in bankruptcy of the Hancheon Central Credit Cooperatives (hereinafter the “Korea Deposit Insurance Corporation”) filed a lawsuit against the network C and two other parties. On March 29, 2004, the above court issued a performance recommendation decision stating that “The net C and two other parties jointly jointly agreed to pay 18,500,000 won to the Korea Deposit Insurance Corporation and the above amount at a rate of 25% per annum from July 12, 2003 to the day of full payment,” and the above decision became final and conclusive around that time because the net C and two parties did not object to the above decision.
C. On the other hand, around March 31, 2005, the Plaintiff received from the Korea Deposit Insurance Corporation a claim based on the decision on performance recommendation from the deceased C et al. of the Korea Deposit Insurance Corporation and notified the deceased C of its purport on April 12, 2005.
The net C died on December 7, 2009 and wife B succeeded to it.
[Grounds for Recognition: Facts without dispute, Gap 1 evidence, Gap 2-1, Eul 2-2, the purport of the whole pleadings]
2. The parties' assertion and judgment
A. The summary of the plaintiff's assertion is the cause of the claim in this case, and on the ground that the ten-year extinctive prescription of the secured obligation of this case has expired, the defendant filed a claim for the cancellation of the secured obligation of this case against the defendant on behalf of the non-party C, the debtor, on behalf of the non-party C, the debtor, the right to claim for the cancellation of the secured obligation of this case. The defendant set the 30,000 won interest rate on November 20, 2005 and lent 10,000 won to the non-party C, and the ten-year period has not elapsed from the due date of payment, etc