근저당권말소
The Defendant, as the Plaintiff
A. As to each real estate listed in separate sheet Nos. 1 through 19, Gwangju District Court on June 2008
1. In order to secure the defendant's obligation, the plaintiff entered into a mortgage agreement with the maximum amount of KRW 100 million on June 25, 2008, the debtor, the plaintiff, and the defendant as to each real estate listed in the separate sheet Nos. 1 through 20 of the attached list owned by the plaintiff, and entered into a mortgage agreement with the defendant as to the real estate listed in the separate sheet No. 1 through 19, which was completed by the Gwangju District Court No. 107880 on June 25, 2008, and entered into a registration of establishment of the right to collateral security on June 26, 2008, which was completed on June 20, 2008 by the Daejeon District Court No. 61293 on June 26, 2008 (hereinafter "each right to collateral security in this case"). There is no dispute between the parties.
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The secured claim of each of the instant lower priority claims is the Defendant’s claim to return investment worth KRW 20 million against the Plaintiff, and the said claim is a claim for which the maturity is not fixed. As such, the statute of limitations expired from June 25, 2008, which is the date of the contract to establish the lower priority claim, and the statute of limitations expired on June 25, 2018.
Therefore, each of the instant collateral security rights should be cancelled since the secured claim was extinguished.
2) The Defendant’s assertion of each of the instant claims is a loan claim of KRW 100 million, and the Defendant, on June 25, 2008, determined the due date at the time of lending KRW 100 million to the Plaintiff on three (3) years, and the period of repayment for the secured claim has not yet expired.
B. Determination of the right to collateral security is a mortgage established by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act). Since it is a security right established to secure a certain amount of unspecified claims arising from a continuous transaction relationship in the future, there is a legal act establishing a secured claim against the right to collateral security, separate from the act of establishing the right to collateral security, and at the time of establishment of the right