근저당권말소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 2, 1998, the Defendant completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) on April 2, 1998, with the maximum debt amount of KRW 100,000,000, and the debtor C and the mortgagee as the Defendant.
B. On March 4, 2014, the Plaintiff completed the registration of ownership transfer on the instant real estate based on sale on February 25, 2014.
B. D completed the supplementary registration of the transfer of the instant right to collateral security on March 17, 2017.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. As to the legitimacy of the instant lawsuit, the Plaintiff, ex officio, filed a claim against the Defendant for the cancellation of the registration of creation of a mortgage of the instant case on the ground that the secured debt of the instant case was extinguished by prescription.
The supplementary registration of the transfer of a right to collateral security is not only to specify the succession of the right by means of the existing establishment registration of collateral security, but also to the extent that the registration is not derived from the new right by the registration, the claim for the cancellation registration of the establishment of collateral security shall be sufficient for the transferee only, and the transferor shall not be qualified for the defendant
(2) In light of the aforementioned legal principles, the court below erred by misapprehending the legal principles as to the cancellation of the establishment registration of the instant collateral security (see, e.g., Supreme Court Decision 2000Da5640, Apr. 11, 200). However, the court below erred by misapprehending the legal principles on the establishment registration of the instant collateral security (see, e.g., Supreme Court Decision 200Da5640, Mar. 17, 201).
3. If so, the instant lawsuit is unlawful and thus dismissed, it is so decided as per Disposition.