근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The premise is that the Plaintiff borrowed KRW 10,00,000 from the Defendant on or around March 9, 1999 (hereinafter “the instant loan”). According to the overall purport of the statement and pleadings as to the evidence No. 1, the Plaintiff entered into a mortgage agreement with the Defendant on the same day with respect to the amount of KRW 20,000,000 on the same day for securing the obligation for the said loan, and concluded a mortgage agreement with the Defendant on the same day with respect to the amount of KRW 676,00,000 (hereinafter “instant land”). The Plaintiff completed the registration of the establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) with the Jeonju District Court No. 9549, Mar. 9, 199.
2. The parties' assertion
A. The Plaintiff’s assertion is that the repayment period of the instant loan, which is the secured debt of the instant right to collateral security, was around March 200, and around March 2010, ten years thereafter, the foregoing loan loan obligation became extinct by the completion of the statute of limitations. As such, the Plaintiff sought cancellation of the establishment registration of the instant right to collateral security against the Defendant.
B. The Defendant’s assertion that the Defendant did not have any evidence to acknowledge the time limit for payment of the instant loan, and that the statute of limitations has not yet expired. Even if the statute of limitations expired, the Plaintiff expressed his/her intent to waive the statute of limitations to the Defendant to repay the principal of the said loan to the Defendant
3. According to the facts of the above recognition, the plaintiff concluded a mortgage-backed contract with the defendant to secure the loan of this case, and completed the registration of establishment of mortgage of this case to the defendant.
However, there is no evidence to acknowledge that the Plaintiff agreed with the Defendant to pay the loan of this case. Accordingly, the extinctive prescription of the above loan of this case shall run from March 9, 1999 where the claim for the loan of this case occurred.
Therefore, the debt of the instant loan shall, barring any special circumstance, be collected from the bank.