근저당권말소
1. As to the portion of 13/16 square meters out of H forest 12397 square meters in Yong-gun, Young-gun, Gwangju District Court, Defendant A shall have jurisdiction over the Gwangju District Court.
1. Facts of recognition;
A. On April 18, 1989, Defendant A completed the registration of creation of a mortgage consisting of KRW 15,000,000 with respect to G shares of KRW 13/16 of the forest shares as indicated in the order.
At the time, G was sharing 13/16, and I shared 3/16 shares.
B. Around July 2012, G and Defendant B, C, D, E, and F inherited property at the ratio of 1/6 each, thereby sharing the forest land at issue with G 81/96, Defendant B, C, D, E, and F in proportion to 3/96.
C. Meanwhile, the Plaintiff has a claim for KRW 9,136,060 and damages for delay in the amount of KRW 4,463,656 among them by final and conclusive judgment in Suwon District Court 2008Gauri253971.
Grounds for Recognition: The descriptions of Gap 1 through 5 between the plaintiff, defendant A and the other defendants, and the confession between the plaintiff and the other defendants
2. Determination
A. The part of Defendant A’s claim for cancellation registration was established at the time of completion of the registration of creation of the right to collateral security, and it is obvious that ten years have passed since the statute of limitations expired.
Therefore, the above defendant is obligated to cancel the registration of establishment of a neighboring mortgage, and the plaintiff can exercise this in subrogation.
Defendant A: (a) lent KRW 15,00,000 to G on January 21, 1989; and (b) promised G to pay the said money by January 23, 2015; (c) thus, Defendant A’s claim is unjust.
However, even according to the above defendant's assertion, G appears to have waived the prescription benefits by knowing the fact that the plaintiff seeks to cancel the registration of creation of a new mortgage on his behalf, so it cannot be asserted against the plaintiff.
(A) The above defendant's assertion is not acceptable to seek cancellation of the registration of creation of a neighboring mortgage on the ground of the extinguishment of the secured claim. It is not necessary to notify the debtor of the registration of creation of a neighboring mortgage.
B. The plaintiff in the part claiming partition of co-owned property is the creditor of G, who is the above forest co-owner, in subrogation.