근저당권설정등기말소
1. The part against Defendant C among the instant lawsuit is dismissed.
1. Defendant B shall enter the Plaintiff in the attached list.
1. The plaintiff is the owner of the real estate listed in the attached list (hereinafter referred to as "the real estate of this case"). With respect to the real estate of this case, the registration of the establishment of a mortgage (hereinafter referred to as "the registration of establishment of a mortgage") was completed on April 21, 1995, such as the debtor C and the defendant B, based on the mortgage contract as of April 21, 1995.
[Reasons for Recognition] In the absence of dispute, entry of Gap evidence No. 1
2. Of the instant lawsuit, a lawsuit seeking the cancellation of registration against a person who is not a person liable for registration, i.e., the person liable for registration, who loses his right or is not a person subject to any other disadvantage (the title holder of registration or his general successor) by means of registration in the form of the registry, is unlawful against a person without any standing
In the instant case, Defendant C cannot be deemed as a debtor on the registration of the establishment of a neighboring mortgage of the instant case, who loses his right or is subject to other disadvantage by the registration in the form of the real estate register. As such, the part against Defendant C in the instant lawsuit is unlawful as against a non-party-qualified person.
3. Determination as to the cause of action
A. The summary of the Plaintiff’s assertion does not only have concluded a mortgage contract regarding the instant real estate, but also has expired by prescription. As the secured obligation regarding the registration of establishment of a mortgage of the instant real estate was extinguished by prescription, the registration of establishment of a mortgage of the instant real estate is null and void. Therefore
B. The registration of creation of a collateral security right of this case was established on April 21, 1995 on the establishment of a collateral security right of this case on April 21, 1995 by Defendant C, which was the time of the establishment of the collateral security right, to secure the obligation for the purchase of goods to be borne by Defendant B, and it stated that he did not exercise his claim after the establishment registration was completed (the second date for pleading). Thus, as of the date of the closing of argument of this case, the secured obligation