근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. As to the real estate stated in the attached Form A to the Defendant, the Jung-gu District Court Goyang Branch of the Goyang Branch of the Goyang Branch of the District Court (No. 117647 of Sep. 27, 2002) concluded the contract on April 11, 2006, No. 34689 of Apr. 10, 2006, and No. 140262 of Nov. 21, 2006, each maximum debt amount was 200 million won (hereinafter referred to as the “instant secured mortgage”). < Amended by Presidential Decree No. 14026, Nov. 21, 2006; Presidential Decree No. 17570, Nov. 21, 2006; Presidential Decree No. 17568, Feb. 1, 2006
B. On May 18, 2016, the payment order (Seoul Western District Court 2016j. 33136) was finalized on the following grounds: “A shall pay to the Plaintiff the amount of KRW 105,370,953 for indemnity and KRW 104,075,135 for the amount of KRW 105,37,953 for indemnity and the amount of delay damages from April 25, 2016.”
[Reasons for Recognition] Each entry of Gap 1 and 2
2. Assertion and determination
A. The Plaintiff’s assertion that the right to collateral security of this case does not exist since the beginning of the year, or even if the secured claim exists, the extinctive prescription is five years as a commercial claim, and five years have passed since the completion of the registration of the establishment of the right to collateral security of this case, and thus, the extinctive prescription of the secured claim of this case is null and void.
The Plaintiff seeks to cancel the registration of establishment of a mortgage of the instant case, which was null and void by subrogation, as a creditor of A, who was the founder of the instant mortgage.
B. There is no evidence to acknowledge the Plaintiff’s assertion that there is no secured claim of the instant right to collateral security or that the extinctive prescription has expired.
Rather, according to the following facts, each of the evidence Nos. 1, 2, 2, 2 and 3-1, 2, 3, 4-1 through 5, 6-1 through 6, 7, 5-1 through 7, 5-1, 5-2, 5-2, 2, 2, 3-2, and 3-4, and 6-1 through 6-7, 6-2, and 5-2, the fact-finding results of the fact-finding report by this court, and the whole purport of