민사채권의 소멸시효기간인 10년이 경과하면 근저당권 피담보채권의 소멸시효는 완성됨[국승]
After the lapse of 10 years, the extinctive prescription of the secured claim of the right to collateral security is completed.
When the extinctive prescription of a claim secured by a right to collateral security has expired, a creditor may claim cancellation of registration of collateral security by subrogation right holder due to the expiration of the extinctive prescription.
§ 404. Creditor's right of subrogation
Article 162 of the Civil Act: Extinctive Prescription of Claim or Property Right
Gwangju District Court 2018Kadan510623 Cancellation of Mortgage
Korea
AA
Pleadings without Oral Proceedings
June 22, 2018
1. The defendant will implement BB the procedure for registration of cancellation of the registration of the establishment of a neighboring mortgage completed on July 20, 2004 by the ○○ registry office of Gwangju District Court with respect to each real estate listed in the separate sheet.
2. The costs of the lawsuit are assessed against the defendant.
Cheong-gu Office
The same shall apply to the order.
1. Indication of claims: It shall be as shown in attached Form; and
2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);
Cheongwon of the Gu
1. Relationship between the parties;
The defendant is the person who established the right to collateral on July 20, 2004 on the real estate listed in the separate sheet owned by the non-party BB (hereinafter referred to as "the real estate of this case"). The plaintiff is the person who has a tax claim against the non-party BB, and seized on October 20, 2005 the real estate of this case from the ○○ Tax Office under the plaintiff's control, and as of the date of the lawsuit, the amount of national taxes in the non-party BB as follows.
The amount of national taxes in arrears at present on March 3, 2018 by Nonparty BB.
Items of Taxation
Reversion
Liability for Tax Payment
Date of establishment
Deadline for payment
Notice Tax Amount
(unit: won)
Amount in arrears
(unit: won)
Value-added Tax
204
December 31, 2004
05.031.9
2,294,130
4,014,150
Value-added Tax
205
205.04.25
205.04.25
1,679,570
2,736,490
Global Income Tax
204
December 31, 2004
8.31.205
4,406,610
7,711,000
Global Income Tax
205
November 30, 2005
November 30, 2005
2,203,300
3,855,190
Value-added Tax
205
05.06.30
.06.01.31
4,230,310
7,402,810
Global Income Tax
204
06.07.03
1, 2006.31
70,633,970
123,608,980
Value-added Tax
205
206.09.01
206.09.30
23,259,730
40,704,120
Global Income Tax
205
December 31, 2005
.07.01.31
5,155,400
9,021,660
Global Income Tax
205
December 31, 2005
oly 31, 2007
1,763,860
3,086,370
Total
15,626,880
202,140,770
2. Claim for the cancellation of registration of creation of collateral security by subrogation of creditor;
A. Establishment of a collateral security between Nonparty BB and the Defendant
On July 19, 2004, Nonparty BB entered into a contract for the establishment of a collateral security with the Defendant, and completed the registration of establishment of the collateral security amount of KRW 50,000,000 on July 20, 204, the Gwangju District Court ○○ registry office of ○○ on July 20, 2004.
B. Extinctive prescription of the secured claim
The above right to collateral security was established on July 20, 2004, and as of March 2018, the defendant's secured claim was completed ten years after the expiration of the extinctive prescription period of civil claims in accordance with Article 162(1) of the Civil Code. Therefore, the right to collateral security in the name of the defendant should be cancelled.
3. Conclusion
The plaintiff, as a tax claim of the non-party BB, filed the lawsuit of this case in order to cancel the registration of creation of mortgage on the ground of the expiration of the extinctive prescription on the real estate mortgage of this case as claimed in the creditor's subrogation right against the defendant.
List
Indication of Real Estate
1. Jeonnam-do ○○○○-gun Do 1;
Land category large area of 662 square meters
2. Jeonnam-do ○○○○-gun 1
The processing place for fishery products of single-storys of the streke roof near the steel mill shall be 392.4m2.4m2
Annex
A cement block structure slive roof 1.2 square meters in a single story;
The aforementioned 1-2 Indication of the right to collateral security
(registration purpose) Establishment of a collateral security
(Receipt) July 20, 2004 received by the Gwangju District Court ○○ Registry No. 1234
(Reasons for Registration) Contract on July 19, 2004
(Right holder and other matters): 50,000,000 won
(B) BB
(Remortgager) AA 0000-*****
(Competent Registry: Gwangju District Court ○○ Registry)
1) Extinctive prescription of claims and property rights under Article 162 of the Civil Act
(1) The claim shall be extinguished by prescription if it is not exercised within ten years.