beta
(영문) 제주지방법원 2017.11.17 2017가단51411

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. C purchased each real estate listed in the separate sheet on April 29, 2005 (hereinafter “each of the instant real estate”) and completed the registration of ownership transfer, and transferred the entire ownership by the method of transferring a part of the ownership to the Plaintiff from around 2005 to 2007.

B. Meanwhile, on May 6, 2005, C borrowed KRW 100,000,000 from the Defendant as of May 5, 2006 and February 5, 2006 on the date of repayment, and completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) with respect to each of the instant real estate to the Defendant, with the maximum debt amount of KRW 100,00,000,000, and C and the Defendant as the Defendant as the Defendant.

C. After March 22, 2016, the Defendant filed an application for voluntary auction based on the instant right to collateral security, and on April 4, 2016, the registration of the decision to commence voluntary auction was completed regarding each of the instant real estate.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 2, 4, Eul evidence Nos. 1 and 2 (including provisional number), and the plaintiff's assertion as to the purport of the whole pleadings by the plaintiff shall purchase each of the real estate of this case from Eul, but shall acquire the collateral obligation under the name of Jeju bank, and shall repay the remainder of the collateral security obligation including the instant collateral security. Accordingly, although the plaintiff paid the purchase price of approximately KRW 330 million to Eul, Eul did not cancel the registration of creation of a mortgage of this case to the defendant.

The original copy of the decision to commence auction upon the Defendant’s application for voluntary auction reaches C, which is the debtor, on June 14, 2016. Since from May 6, 2005, which was the date of establishment of the right to collateral security of this case, or from May 5, 2006, which was ten years from the maturity date of the loan certificate, the repayment date of the right to collateral security of this case reached ten years from May 5, 2006, the secured obligation of this case shall be deemed to have expired due to the expiration of the statute of limitations. Thus, the establishment registration

Even if the extinctive prescription has not been completed, the Plaintiff.