근저당권말소
1. The plaintiff's claims against the defendant (appointed party) and the remaining designated parties are all dismissed.
2. The costs of lawsuit shall be.
Basic Facts
A. In the appellate court of the lawsuit filed by the Plaintiff against C, etc., on July 27, 2000, “C shall pay the Plaintiff KRW 53,096,00 and its delay damages” was sentenced to a judgment ( Daejeon District Court Decision 99Na7730), and C’s appeal was dismissed, and the above judgment was finalized on December 2, 200 as it is.
(Supreme Court Decision 200Da5329). B.
C is the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On December 11, 1997, the Defendant and the appointed parties registered the establishment of the right to collateral security (hereinafter “instant right to collateral security”) of KRW 100 million with respect to each of the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers, if any) and the purport of the whole argument as a whole, there is no obligation against the defendant and the designated parties, who are the secured debt of the instant right to collateral security.
even if there is such secured obligation.
Even if the claim of the Defendant and the designated parties against C was extinguished by the extinctive prescription from January 11, 2003 and January 10, 2013.
Therefore, the defendant and the designated parties are obliged to implement the procedure for registration of cancellation of the right to collateral security of this case to C, and thus, they seek implementation of the procedure for registration of cancellation in lieu of C.
Judgment
Facts of recognition
The following facts may be acknowledged in full view of Gap evidence 2, Eul evidence 1 to 3, and Eul evidence 5 to 7 (including branch numbers, if any) and the purport of the whole pleadings in witness C's testimony, and there is no counter-proof.
1) C was the head of the branch office of the Rural Development Corporation D and E was the head of the D branch of the D branch office of the Rural Development Corporation, and the Selection F was the head of the relevant rural improvement division, the defendant, the head of the relevant business plan division.