근저당권말소
1. Revocation of the first instance judgment.
2. The Defendant shall pay to B the share of 30/1572 out of 5,197 square meters prior to C in light name.
1. The reasoning for the court’s explanation on this part of the basic facts is as stated in the relevant part of the judgment of the first instance except for the addition or dismissal as follows. Thus, it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary or heighted portion] 3 pages 1 of the judgment of the court of first instance: (a) “B” following the part of the judgment of the court of first instance is added to “B” by borrowing KRW 40,000,000 from the Defendant on January 19, 1998 with the maturity of payment fixed as six months after the Defendant’s operation as operating funds (hereinafter “the instant loan”).
The third part of the judgment of the court of first instance is that the 7th part of the judgment "no property exists" is "in excess of the debt because there is no property."
3. On the 8 to 9th day of the first instance judgment, the testimony of a witness B is added to the “founded ground for recognition”.
2. The assertion and judgment
A. The Plaintiff’s claim for the instant loans is subject to the five-year commercial extinctive prescription as a commercial claim. The five-year commercial extinctive prescription period has expired on July 19, 1998, which was five years from July 19, 1998.
Even if B, on August 25, 2007, drafted a written confirmation of debt repayment with the content of approving the Defendant’s debt, and waivers of the extinctive prescription benefits after the completion of the extinctive prescription, the extinctive prescription period had expired on August 25, 2012 prior to the filing of the instant lawsuit, and accordingly, the instant right to collateral security has expired due to its influence. As such, the Plaintiff seek the cancellation of the registration of the creation of the instant right to collateral security against the Defendant by subrogation as the obligee of the claim for reimbursement against B.
B. The claim arising from an act that constitutes a commercial activity as well as a claim arising from an act that constitutes a commercial activity against both parties is also a commercial claim to which the extinctive prescription period of five years under Article 64 of the Commercial Act applies, and the commercial activity is not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act.