근저당권말소
1. The defendant on Nov. 1, 1997, with respect to the real estate in the attached list to Nonparty D, Gwangju District Court's net support registry office.
1. The facts in the separate statement of the cause of claim for recognition do not conflict between the parties, or each statement in Gap evidence Nos. 1 through 2 shall show the whole purport of the pleadings, respectively;
2. Determination:
A. According to the facts of the judgment as to the cause of the claim, the secured debt of the instant right to collateral security has expired due to the completion of extinctive prescription around November 14, 2007 when 10 years elapsed from the date of the registration of establishment of the instant right to collateral security.
The mortgage of this case also became extinct due to the appendant nature of the mortgage.
Thus, as D's creditor, at the plaintiff's request subrogated to D for the preservation of the claim, the defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the mortgage of this case.
B. As to the Defendant’s assertion, the Defendant asserted that the statute of limitations for the secured debt of the instant case was suspended since it managed the instant real estate after the establishment of the instant right to collateral security, and D continuously promised to repay the secured debt.
On the other hand, it is difficult to view that the extinctive prescription of the secured obligation is interrupted solely on the ground that the Defendant managed the instant real estate after the establishment of the instant collateral security right, and there is no evidence to deem that D had approved the secured obligation by continuously promising the repayment of the secured obligation. Therefore, the Defendant’s assertion is without merit.
3. The plaintiff's claim of this case is accepted as reasonable.