근저당권설정등기말소
1. Revocation of the first instance judgment.
2. The Defendant shall have jurisdiction over the area of 6,612 square meters in Jincheon-si, Gyeonggi-do.
1. Basic facts, the Plaintiff’s primary assertion, and this Court’s reasoning are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's conjunctive assertion and its judgment
A. The secured claim of the Plaintiff’s preliminary claim for the registration of the establishment of a new mortgage of the instant case expired after the expiration of the extinctive prescription period, and even if the debtor renounced the prescription benefit, B, a surety, can independently invoke the benefit of the completion of prescription. Therefore, the registration of the establishment of a new mortgage of the instant case,
B. 1) We examine the following facts: (a) the secured debt of the instant right to collateral security is a loan claim against the Defendant against the Defendant; (b) the period of extinctive prescription is ten years; (c) the ten-year period has elapsed since the secured debt of the instant right to collateral security was established at the time the instant lawsuit was filed; (d) therefore, the registration of the establishment of the instant right to collateral security has become extinct by prescription; and (e) the Defendant is obligated to implement the registration procedure for the cancellation of the establishment of the instant right to collateral security, barring any special circumstance, to the effect that D, the debtor, renounced, renounced the benefits arising from the expiration of prescription of the secured debt; and (e) comprehensively taking account of the following facts: (b) the obligor and the Defendant, upon executing the instant right to collateral security on June 5, 2017 by exercising the right to collateral security; and (c) the part equivalent to KRW 100 million out of the secured debt, which is the maximum debt amount, can still be recognized as having been repaid after the expiration of prescription period; and (c)