근저당권말소
The defendant shall receive on April 28, 2010 from the plaintiff the registration office of the vehicle in Daegu Metropolitan City with respect to the motor vehicles listed in the attached list.
1. On April 28, 2010, the Plaintiff borrowed KRW 2 million from the Defendant and created a mortgage on an automobile listed in the separate sheet, which is owned by the Plaintiff (hereinafter “instant mortgage”).
[Judgment of the court below] The ground for recognition is without merit, Gap evidence No. 1, and the ground for appeal
2. The summary of the Plaintiff’s assertion was fully satisfied or the extinctive prescription became complete and terminated.
As long as the secured claim of the mortgage of this case is extinguished, the registration of mortgage of this case shall also be cancelled according to the nature of the secured claim.
3. It is not sufficient to acknowledge that the Plaintiff’s debt owed to the Defendant was extinguished by the repayment of the Plaintiff’s loan solely with the statement of evidence No. 2, and there is no other evidence to prove otherwise.
As of the date of the closing of argument in the instant case, the ten years have elapsed since April 28, 2010, which was the date of the establishment registration of the instant mortgage, which was the date of the occurrence of the instant mortgage as of the date of the occurrence of the instant mortgage. Therefore, it is reasonable to view that the statute of limitations has expired for the secured claim of the instant mortgage pursuant to Article 162(
As long as the secured claim has been extinguished as above, the registration of the creation of mortgage of this case shall be cancelled according to its accessory nature.
4. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.