근저당권말소
1. As to C, as to 327 square meters in lightyang-si D
A. Defendant A shall be the Gwangju District Court's Mayang Branch Office on March 6, 2000.
1. Basic facts
A. On April 9, 2014, the Plaintiff’s claim against Nonparty C filed an application with Nonparty C for a payment order for the loan claim under this Court No. 2014 tea562, and on April 9, 2014, upon receiving a payment order with the purport that “A shall pay to the Plaintiff 15,00,000 won per annum 18% per annum from April 3, 2014 to the date of full payment.”
B. The Defendants registered the establishment of a neighboring mortgage by the Defendants completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) on March 6, 2000 with respect to the registration of the establishment of a neighboring mortgage on May 4, 2007, respectively.
C. C has no particular property and is currently insolvent.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. 1 argument and judgment as to Defendant A on the ground that Defendant A paid interest on the secured debt of the right to collateral security against the above Defendant A, the extinctive prescription was interrupted.
Although the defendant A asserts that he had given up or given up the benefit of prescription, there is no evidence to acknowledge this, the above argument by the defendant A is without merit.
Therefore, since the extinctive prescription of Defendant A’s registration of establishment of a neighboring mortgage has expired ten years after the date of establishment, Defendant A is obligated to implement the registration procedure for cancellation of establishment of a neighboring mortgage upon the Plaintiff’s request seeking cancellation of the registration of establishment of a collateral security in lieu of C as the creditor of Defendant C.
B. According to the above facts of recognition as to Defendant B, since the statute of limitations for the establishment of a mortgage on Defendant B’s neighboring premises has expired ten years after the date of establishment, Defendant B is obligated to implement the registration procedure for cancellation of the establishment of a mortgage on the ground of the Plaintiff’s claim for cancellation of the registration of the establishment of a mortgage on behalf of C as the creditor of Defendant C.