근저당권설정등기 말소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. A. In the judgment of the court of first instance, "A."
1. Basic facts
A. E entered into a bill trading agreement with F Co., Ltd. on September 17, 1993, and F Co., Ltd.’s claims against F were transferred in sequence to G Co., Ltd and the Plaintiff.
B. G Co., Ltd. filed a lawsuit against E (Seoul Central District Court No. 2008Gaz. 1862585). In the above case, the decision of this case was finalized on September 9, 2008 that “E shall pay to G Co., Ltd. 16,957,772 won and 4,931,291 won with interest of 19% per annum from April 18, 2008 to the date of full payment” (hereinafter “the decision of this case”).
The Plaintiff, a successor to G Co., Ltd., was granted an execution clause succeeding to the instant decision on May 19, 201.
C. On September 29, 198, regarding the real estate stated in the attached list No. 1, E, the Defendant, as the mortgagee, completed the registration of establishment of a mortgage (hereinafter referred to as “registration No. 1”) of the Jeonju District Court, the Cho Chang-gu District Court, 13361, which was received on September 29, 198, regarding the real estate indicated in the attached list No. 15,000 (hereinafter referred to as “registration No. 1”) and the attached list No. 2, with the Defendant as the mortgagee-mortgage-mortgage-mortgage-mortgage-holder of the Jeonju District Court, with the Defendant as the mortgagee-mortgage-mortgage-mortgage-holder of the Jeonju District Court, and the registration No. 40,000,000 (hereinafter referred to as “registration No. 2”), and the registration No. 1 and No. 2,
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including paper numbers; hereinafter the same shall apply), testimony of witness E at the trial, the purport of the whole pleadings
2. Each of the registrations in this case was completed in 1988 and 1990, and the ten-year extinctive prescription of the secured debt of the right to collateral security on which each of the registrations in this case is indicated has expired.
Therefore, the defendant is obligated to perform the procedure for cancellation registration of each of the registrations of this case to E.
The plaintiff, as a creditor of E based on the decision of this case, shall register cancellation of each of the registrations of this case to the defendant on behalf of E.