근저당권말소
1. The defendants on October 4, 200, with respect to the real estate stated in the attached list to Nonparty D, Busan District Court Busan District Court's Busan District Court's registry office.
1. Facts of recognition;
A. The Plaintiff filed a lawsuit against D with respect to the claim for the amount of the transfer income and paid the amount of KRW 9,171,04 and KRW 4,475,238, which is calculated at the rate of 17% per annum from September 20, 2010 to the date of full payment (Seoul Central District Court Decision 2010Da1647475, Mar. 18, 201). The above judgment was finalized on May 12, 2011.
B. Meanwhile, with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”), E completed the registration of creation of a collateral (hereinafter “registration of a collateral security”) with the maximum debt amount of KRW 40,000,000, and the registration of creation of a collateral security (hereinafter “registration of a collateral security”) as indicated in the Disposition F, the mortgagee, and D completed the registration of establishment of a collateral security on October 23, 2017 due to payment in kind on October 18, 2017.
2. According to the above findings of the determination, the secured obligation of the registration of the instant right to collateral security had ceased to exist after the lapse of 10 years from October 4, 200, the date of its establishment, barring any special circumstance, barring any special circumstance.
As such, D, the owner of the above real estate, can file a claim against the creditor of the above collateral security registration for the implementation of the procedure for cancellation registration, and the plaintiff, the creditor of D, on behalf of D, can file a claim against D to implement the procedure for cancellation registration against the defendants, who are the inheritor of the above collateral security registration.
I would like to say.
Therefore, the Defendants, the inheritor of creditor F, are obligated to perform the cancellation registration procedure of the instant collateral security registration concerning the instant real estate to D.
3. The plaintiff's claim against the defendants is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.