beta
(영문) 서울중앙지방법원 2016.06.29 2015가단5169879

근저당권말소

Text

1. The defendant concluded a mortgage contract on April 14, 2003 with respect to each real estate listed in the attached list to the non-party B.

Reasons

1. The plaintiff has a claim for 107,671,207 won and damages for delay based on the Seoul Central District Court Decision 2004Gahap8796 delivered on October 19, 2004 (Final Decision) against Non-Party C (Representative Director B), B, D, etc.

B on April 14, 2003, the registration of creation of each collateral (hereinafter “each collateral security of this case”) between the Defendant and the Defendant was completed on April 14, 2003, under Article 5481, which was received from the Pyeongtaek District Court of Chuncheon on April 14, 2003, and the Defendant, the maximum debt amount of 150,000,000.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 and 2 evidence, the purport of the whole pleadings and arguments

2. According to the facts of the above recognition, since the statute of limitations expired on April 14, 2013 after ten years from the date of establishment of the claim, each of the instant collateral security rights became extinct.

I would like to say.

In regard to this, the defendant was two copies of the bill from B, but all of them were refused to pay, collected the sum of KRW 25 million and KRW 32 million through a trial, and some of them were received in cash, so the period of prescription has been suspended. However, it is not sufficient to acknowledge this only only with the evidence of subparagraphs B and 6, and there is no other evidence, so the above argument by the defendant is without merit.

Thus, since the debt covered by each of the instant mortgages has expired by prescription, in the instant case where the Plaintiff seeks to implement the procedure of cancellation registration by subrogation as the creditor B, the Defendant is obliged to implement the procedure of cancellation registration of each of the instant mortgages to B.

3. In conclusion, the plaintiff's claim of this case is reasonable and it is so decided as per Disposition.