근저당권말소
1. The defendant shall receive on November 22, 200 from the Gwangju District Court Masung registry office as to the real estate stated in the attached list to B.
Facts of recognition
The plaintiff filed a lawsuit against B against the Gwangju District Court No. 2005Kadan51070, and received the judgment ordering the payment of damages for delay, and the above judgment became final and conclusive.
B on November 22, 2000, in order to secure monetary obligations against the Defendant, the registration of the establishment of a neighboring real estate as stated in the order was completed on each of the real estates listed in the separate sheet (hereinafter “instant real estate”).
B is currently in excess of obligations.
【In the absence of dispute, each entry in Gap’s evidence Nos. 1 through 5, each entry in Eul’s evidence Nos. 2 through 4, the fact-finding results in this court’s fact-finding, the plaintiff is the creditor against Eul, the fact-finding that Eul is currently insolvent, and the fact-finding that Eul created a right to collateral security for the defendant’s monetary obligation. As seen above, it is apparent that ten years have elapsed from the due date of repayment of Eul’s secured obligation which appears to be due date of the establishment of the right to collateral security, and thus, the statute of limitations for the secured obligation of the above right to collateral security has expired.
Unless there are special circumstances, the defendant is obligated to cancel the registration of the establishment of a neighboring mortgage to B.
In regard to this, the defendant asserted that the period of extinctive prescription has been suspended since B continued to pay interest until now, but it is insufficient to recognize that B had continued to pay interest to the defendant only with the statement of No. 1, and there is no other evidence to recognize it. Thus, the defendant's above assertion is without merit.
In other words, the Defendant asserts that the extinctive prescription has been interrupted since B prepared a letter of debt approval to the effect that he/she approved the obligation on May 20, 2015.
The above letter of approval (1) is prepared after the expiration of the extinctive prescription, which contains the intent to waive the benefit of extinctive prescription.
However, extinctive prescription is valid.