근저당권 등 말소등기
1. The defendant on March 7, 2001, as to the real estate stated in the attached list in the plaintiff's attached list, for the defendant's district court of Kucheon District Court.
1. The registration of ownership transfer was completed on November 12, 2001 with respect to the real estate listed in the attached list (hereinafter “instant real estate”). On March 7, 2001, the mortgage registration following the registration of the establishment of a mortgage (hereinafter “instant mortgage”) was completed on March 7, 2001, regarding the Defendant’s maximum debt amount of KRW 150,000,000, and the debtor C-based mortgage registration following the registration of the establishment of a mortgage (hereinafter “instant mortgage”).
The secured claim of the instant mortgage was due as of the date of the registration of the establishment of the instant mortgage.
[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings
2. According to the above facts of determination, the secured claim of the instant right to collateral security was extinguished upon the completion of extinctive prescription, since the fact that ten years have elapsed since the due date for the secured claim of the instant right to collateral security was apparent from the date of maturity.
Therefore, the Defendant, as the owner of the instant real estate, is obligated to implement the registration procedure for cancellation of the registration of establishment of a mortgage on the instant real estate on the ground of the expiration of the extinctive prescription
3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.