근저당권설정등기말소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 6, 1995, the Plaintiff entered into a guarantee insurance contract for automobile installment sales with the head of the business office, the insurance period from October 21, 1995 to October 20, 1998, and the insurance amount of KRW 19,80,000, with D Co., Ltd., Ltd., with respect to the above guarantee insurance contract, and B and E jointly and severally guaranteed all obligations owed by D Co., Ltd. to the Plaintiff.
B. On March 30, 1999, the Plaintiff: (a) paid the installment payments on behalf of D in accordance with the foregoing guarantee insurance contract; (b) filed a lawsuit claiming reimbursement against B, etc. against Busan District Court Decision 2013Da174324; and (c) on March 18, 2014, the said court rendered a judgment that “B shall jointly and severally pay KRW 14,368,964 to the Plaintiff with D, E, and the said judgment became final and conclusive on April 11, 2014.
C. B entered into a mortgage contract with the Defendant on January 26, 1998, and accordingly completed the registration of the establishment of a mortgage under the name of the Defendant as of January 30, 1998 as of January 30, 1998. On February 21, 1998, B completed the registration of the establishment of a mortgage with the purport of increasing the maximum debt amount to KRW 80,000,000 as of February 21, 1998.
(hereinafter “instant collateral security”). [Grounds for recognition] The written evidence Nos. 1, 2, and 3, and the purport of the entire pleadings
2. Determination
A. 1) The summary of the claim is as follows: (a) the statute of limitations for the secured obligation of the instant right to collateral security has expired; and (b) the Plaintiff does not seek the Defendant to cancel the registration of establishment of the instant right to collateral security; (c) thus, in subrogation of the insolvent debtor B in order to preserve the claim for reimbursement against B, the Plaintiff exercises the right to claim the execution of the registration of establishment of the instant right to collateral security held against the Defendant ex officio.