근저당권말소
1. The defendant, on July 31, 1998, shall apply to the plaintiff with respect to the share of each real estate stated in the attached list to the Cheongju District Court.
1. Basic facts
A. On July 31, 1998, the registration of creation of a mortgage of this case was completed for each real estate share listed in the separate sheet, which was owned by the plaintiff (hereinafter "the share of this case"), with the Cheongju District Court No. 27311, Jul. 30, 1998, for the establishment of a mortgage of this case, C as a mortgagee on the ground of the contract signed by the Cheongju District Court as of July 30
B. As to the instant shares, the registration of the transfer of the right to collateral security (right to collateral security) against the Defendant was completed on the ground of the receipt of the Cheongju District Court’s Cheongju District Court’s Cheongju District Court’s 24935 on June 10, 201, as to the instant shares, on the ground of the transfer of the confirmed claim
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, 3, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserts that there is no secured claim of the instant right to collateral security, and sought cancellation of the registration of the establishment of the instant right to collateral security.
In regard to this, the defendant asserts that C's secured claim of the right to collateral security of this case exists with a loan of KRW 70 million against C around July 1998.
B. Even if C lent money to the Plaintiff as alleged by the Defendant, it is apparent that the instant lawsuit was filed on April 23, 2014 after the lapse of ten (10) years from July 1998, the lending date, and as such, the said loan claim had already been extinguished due to the completion of prescription prior to the filing of the instant lawsuit, and there is no other evidence to acknowledge the interruption of prescription such as the Plaintiff’s debt approval.
Therefore, since the secured claim of the instant mortgage was extinguished, the establishment registration of the instant mortgage should be cancelled.
3. The plaintiff's claim for conclusion is justified and accepted.