A. On October 30, 2001, the Plaintiff asserted that the Plaintiff completed the registration of the establishment of the neighboring mortgage (hereinafter “registration of the establishment of the neighboring mortgage of this case”) by Cheongju District Court No. 23889 on each real estate listed in the separate sheet (hereinafter “the registration of the establishment of the neighboring mortgage of this case”). However, the registration of the establishment of the neighboring mortgage of this case should be cancelled since the extinctive prescription of the secured claim has expired ten

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the registration of the establishment of the neighboring mortgage of this case to the plaintiff.

B. The Defendant asserted that the Defendant lent money to the Plaintiff and demanded the repayment of the obligation several times, and the Plaintiff said that the payment would be completed only when each time.

Therefore, the registration of creation of a mortgage of the instant case should not be cancelled until the Plaintiff repaid the debt.

2. Facts of recognition;

A. The Plaintiff borrowed money from the Defendant on October 27, 2001.

B. On the same day, the Plaintiff concluded a mortgage contract with the Defendant as “the maximum amount of 15,00,000 won, the obligor, the Plaintiff, and the Defendant on the same day.” On October 30, 2001, the Plaintiff completed the registration of the establishment of the mortgage of this case to the Defendant.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

3. According to the facts of the determination as to the cause of the claim, it is evident that the period of prescription of the Defendant’s loan claims against the Plaintiff, which is the secured debt of the instant establishment registration, was ten years, and that the Plaintiff’s lawsuit in this case was filed on November 10, 2017, after the lapse of ten years from the date on which the above loan claims were created.

Therefore, since the above loan claim has expired by prescription, the defendant is obligated to implement the procedure for registration cancellation of the registration of creation of the instant collateral to the plaintiff.

4. The defendant's assertion

1.(b)

The purport of the claim stated in this paragraph is that “the extinctive prescription of a loan claim was interrupted since the Plaintiff approved the Defendant’s obligation.”