근저당권설정등기 말소등기
1. The defendant shall accept on May 26, 1993 the voice registry office of the Cheongju District Court with respect to the plaintiff with respect to the 486 square meters of the voice C Group in Chungcheongbuk-gun.
1. The parties' assertion
A. On April 1993, the Plaintiff, the Plaintiff, entered into a construction contract with the Defendant on a set of KRW 9 million with regard to the front columns and bricks of the building, among the new construction works of the Young Franc Party, with a set of KRW 15,00,000,000 for the maximum debt amount of KRW 486,00 for securing the above construction cost. In order to secure the said construction cost, the Plaintiff, the Plaintiff, set up a collateral security right of KRW 15,00,000 for the maximum debt amount of KRW 486,
(A) In the foregoing construction work, “the instant real estate”, “the instant real estate”, and “the instant collateral security” (hereinafter “instant collateral security”). However, D not only repaid the instant construction payment on or after the end of September 1993, but also paid the said construction payment claim, and as such, as the extinctive prescription has expired, the instant collateral security registration should be cancelled.
B. On May 22, 1993, Defendant D created the instant collateral security to secure the payment of the construction cost of KRW 15,000,000 among the instant construction cost accounts.
However, when the Defendant demanded D to pay the above construction cost and applied for a voluntary auction for the instant real estate, the Defendant requested D to pay the said construction cost in advance, and the contact with D was interrupted from around 2008 while waiting for a voluntary auction.
Therefore, the Plaintiff’s claim of this case is without merit, since the claim of this case was not repaid, and the extinctive prescription has not yet expired.
2. Determination
A. First, we examine the completion of the extinctive prescription of the secured claim of the instant right to collateral security.
1. On May 26, 1993, the Plaintiff created the instant right to collateral security in order to secure the construction cost of the instant case to the Defendant, and the Defendant’s completion of the instant construction work at the end of December 1993, as there is no dispute between the parties. Therefore, barring any special circumstance, the secured claim of the instant right to collateral security has been ten years from the end of December 1993, which was the completion date of construction.