근저당권 말소등기에 대한 승낙의 의사표시
1. As to the Plaintiffs, Defendant Han Bank Co., Ltd., Ltd., 72.9/8 of D’s shares among the Daejeon Dong-gu 95.5 square meters.
1. The following facts of recognition may be acknowledged either in dispute between the parties or in each entry in Gap evidence 1 to 15, with a comprehensive view to the whole purport of the pleadings:
The plaintiffs are owners of Daejeon Dong-gu C large 95.5 square meters.
B. As to D 72.9/8 of the shares of Daejeon Dong-gu Daejeon District Court, the Defendant is a mortgagee of the establishment of a mortgage on the establishment of a mortgage over the Daejeon District Court, Daejeon District Court No. 37107, Sept. 24, 1969, as to the maximum debt amount of KRW 16,00,000,000, and the debtor D.
2. The plaintiffs asserts that the above right to collateral security should be cancelled since the defendant's above right to collateral security has ceased to exist due to extinctive prescription.
According to the facts found above, since the above collateral was established on September 24, 1969, the above day is presumed to be the date of establishment of the secured debt, and there is no other evidence to prove that the repayment period has expired, the above secured debt can be exercised from the date of establishment of the secured debt. Since it is apparent from September 24, 1969 that five years have passed since the extinctive prescription period of commercial credit was expired, the secured debt of this case is deemed to have expired due to the extinctive prescription period.
Therefore, the registration of the establishment of the above neighboring mortgage should be cancelled.
3. In conclusion, the plaintiffs' claim of this case is justified.