근저당권 등 말소
1. As to each real estate listed in the separate sheet to the Plaintiff
A. Daejeon District Court's official residence branch on July 13, 2007
1. Facts of recognition;
A. On July 13, 2007, the registration of the establishment of a superficies (hereinafter “registration of the creation of superficies”) was completed on July 13, 2007 with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each real estate of this case”). The registration of the establishment of a neighboring mortgage (hereinafter “the establishment of a neighboring mortgage”) was completed on July 13, 200 by the Daejeon District Court No. 19340, the registration of the creation of a superficies (hereinafter “registration of the creation of superficies of this case”) with respect to each real estate of this case, which was registered as the creation of a neighboring mortgage (hereinafter “non-party company”) with the maximum debt amounting to KRW 500 million, the debtor, the mortgagee, and the mortgagee Co., Ltd., Ltd. (hereinafter “non-party company”). On the same day, the registration of the establishment of a superficies of this case was completed on March 31, 2006 by the Daejeon District Court No. 19341, May 31, 2006.
B. The instant right to collateral security and superficies were transferred on September 25, 2009 through separate registrations on September 28, 2009 on the ground of transfer of contract.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 6, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion is obligated to cancel the registration of the establishment of a mortgage and the registration of the creation of a superficies in the instant case, since the statute of limitations has expired after the claim of this case, or even if the underlying claim is a loan, the statute of limitations expired after the completion of commercial claims.
B. 1) In full view of the written evidence Nos. 2, 3, and 2, and 3 of the evidence Nos. 2, 3, and 2, and 3, the non-party company’s overall purport of the pleadings is as follows: (a) on July 11, 2007, the plaintiff, C, and UACD Co.,
B) On July 9, 2007, KRW 500 million was lent to the Plaintiff, etc. (hereinafter “instant loan”).
The plaintiff et al. will pay KRW 500 million on the last day of December 2007.