근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 23, 2013, the Plaintiff filed a lawsuit against B with the Seoul Western District Court 2012Kadan21984 and received a favorable judgment against B, which stated that “B shall pay to the Plaintiff KRW 53,765,516 and delay damages therefor,” and the said judgment became final and conclusive around that time.
B. Meanwhile, on November 23, 1992, B completed the registration of the creation of a collateral security (hereinafter “instant collateral security”) with respect to each one-half share of Daegu Dong-gu C, D, and E (hereinafter “each of the instant lands”) on the ground of a contract establishing the same day concluded by the Daegu District Court No. 98116, Nov. 23, 1992.
C. B does not have any property other than each of the instant lands.
[Ground of recognition] Facts without dispute, facts that the defendant does not clearly dispute, entries in Gap 1 through 5 (including paper numbers), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion B and the Defendant did not have any legal act establishing the secured claim of the instant right to collateral, and even if so, the secured claim had already been extinguished due to repayment or completion of extinctive prescription. However, the Plaintiff seeks implementation of the procedure for registration of cancellation of the establishment of the instant right to collateral on behalf of the Defendant, on behalf of the Defendant,
B. Whether there exists a legal act establishing the secured claim 1 is a mortgage which establishes only the maximum amount of the secured claim and reserving the determination of the obligation in the future. Since it is a security right established to secure a certain limit from the continuous transactional relationship in the future, there must be a legal act establishing the secured claim of the secured claim separate from the act of establishing the secured claim. The burden of proof as to whether there was a legal act establishing the secured claim of the secured claim at the time of the establishment of the secured claim is the burden of proof.