근저당권말소
1. The defendant completed on August 10, 2009 as the receipt C (Additional Number D) with respect to the motor vehicles listed in the attached list to the plaintiff.
1. Around 2009, the Defendant, who is operating a gas station in fact, supplied the oil to E, a former owner of the motor vehicle listed in the separate sheet (hereinafter “the instant motor vehicle”), and E, a stock company, on August 10, 2009, completed the registration of the creation of mortgage (hereinafter “registration of the creation of mortgage of this case”) as described in paragraph (1) of this case with respect to the instant motor vehicle in order to secure the above oil payment obligation (hereinafter “instant obligation”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. The plaintiff asserts that the debt of this case was extinguished due to the expiration of the extinctive prescription, and this is examined.
According to the above facts, the debt of this case is a commercial debt and its period of extinctive prescription is five years (Article 64 of the Commercial Act), and it is apparent that the five-year extinctive prescription has passed since the due date for the debt of this case was due, so the debt of this case, which is the secured debt of this case, has expired after the expiration of the extinctive prescription.
Therefore, the above mortgage is also extinguished by the extinction of the secured claim of this case. Therefore, the defendant is obligated to cancel the registration of the creation of mortgage of this case on the automobile of this case to the plaintiff.
3. Conclusion