근저당권설정등기말소
1. The Defendants are attached to D
1. Attached Form among shares in each real estate stated in the list;
2. The relevant shares in inheritance shares;
1. Basic facts
A. On April 20, 1994, the Peace Bank loaned KRW 5,000,000 to E, and D jointly and severally guaranteed the above loans.
B. On April 1, 1995, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the shares of each real estate listed in the separate sheet attached to D (hereinafter “shares of each of the instant real estate”) was completed on April 1, 1995, which was determined as the debtor D, the net F, the maximum debt amount of 45,00,000 won.
C. On June 23, 200, the Peace Bank transferred each of the instant claims to LSS Skn’s LS Skn’s Skn’s Skn’s Skn’s Skn’scom on November 14, 200, and completed each lawful notification of transfer.
Pumste Co., Ltd. filed a lawsuit against E and D with Seoul Western District Court No. 2007Gaso214921, Apr. 18, 2008, E and D jointly and severally filed an order to pay the amount calculated at the rate of 16,33,213 won and 5,00,000 won from October 9, 2007 to March 28, 2008, and 20% per annum from the next day to the date of full payment, which became final and conclusive around that time.
E. Since then, Pump Deposit Co., Ltd. transferred each of the instant claims to the Plaintiff on April 16, 2009, and completed the lawful notification of transfer.
F. As of November 17, 2017, the debt amount of D’s principal and interest is KRW 26,397,419.
On November 14, 2017, upon the Plaintiff’s application, the decision to commence a compulsory auction was made to G of this court on November 14, 2017, and the compulsory auction is currently in progress.
G. Meanwhile, on November 24, 2002, the deceased on the other hand, died on November 24, 2002, the deceased inherited the deceased in 3/7 shares of the spouse, and 2/7 shares of the Defendant B and C respectively.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 10 evidence, purport of the whole pleadings
2. Assertion and determination
A. The secured obligation of the Plaintiff’s establishment registration prior to the instant lawsuit was extinguished by the lapse of the extinctive prescription.