근저당권말소
1. As to the Plaintiff, with respect to the land size of 2241 square meters prior to Leecheon-si, Gyeonggi-do:
A. Defendant B is the Suwon District Court Leecheon District Court's Richeon Registry of June 1998.
1. Determination as to the claim against the defendant B
A. The facts of recognition 1) Defendant B lent KRW 20 million to the Plaintiff on June 1998. In order to secure the above loan claims, Defendant B lent the loan amount of KRW 20 million from the Plaintiff to the Plaintiff. In order to secure the above loan claims, the maximum debt amount of KRW 20 million on the land indicated in the order of the Plaintiff as the ground of the contract to establish a mortgage on June 19, 1998, and the mortgage (hereinafter “mortgage”).
(2) On September 21, 2004, the Plaintiff paid all the above borrowed money (U.S. District Court Decision 22749, Jun. 22, 1998).
Accordingly, Defendant B immediately cancelled the registration of the establishment of the mortgage of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. According to the above facts of recognition, since the secured debt of this case was extinguished, Defendant B is obligated to implement the registration procedure for cancellation of the establishment registration of the mortgage of this case to the Plaintiff.
2. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and Eul evidence Nos. 1 and 2 as to the defendant's claims against the Republic of Korea, the defendant Eul's failure to pay global income tax (national tax) against the defendant's Republic of Korea (the first due date for payment May 31, 2005). The head of the Dongdaemun District Tax Office attached the above collateral security claim against the plaintiff in accordance with the National Tax Collection Act on October 10, 2013, and the attachment registration due to the disposition on default upon the request of the director of the tax office of Seodaemun-gu District Court is completed on October 14, 2013. < Amended by Act No. 11818, Oct. 14, 2013>
However, the above-mortgage claim attached by the defendant Republic of Korea was already extinguished by repayment around September 21, 2004, and the seizure following the above-mentioned payment disposition shall be null and void as it is against the non-existent claim. Thus, the registration of seizure upon the commission shall also be null and void.
Therefore, Defendant Republic of Korea shall register the establishment of the instant mortgage to the Plaintiff.