The right to collateral security established in the name of the defendants should be cancelled due to the expiration of the statute of limitations.

It is favorable to the State by requesting the cancellation of the right to collateral security on the ground of the expiration of the extinctive prescription of civil claims against the mortgagee, for whom ten years have passed since the establishment registration of the right to collateral security was completed

Articles 162 and 404 of the Civil Act

Gwangju District Court-2019-Ban-529501 ( December 13, 2019)

Korea

○○ and 4

November 29, 2019

December 13, 2019

1. The Defendants will implement the procedure for registration of cancellation of the establishment registration of a neighboring mortgage completed on March 21, 1990 by the 00 district court 00 registry office with respect to the real estate listed in the separate sheet to 100.

2. The costs of lawsuit are assessed against the Defendants.

Cheong-gu Office

The same shall apply to the order.

1. Indication of claims: To be as specified in attached Form 1;

2. Claim against Defendant 4 and 5: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Claims against Defendant 1, 2, and 3: Judgment based on the deeming of confession (Article 208 (3) 2 of the Civil Procedure Act).

Cheongwon of the Gu

1. Relationship between the parties;

A. The plaintiff is a person with a tax claim against the non-party 1, and the director of the tax office under the plaintiff's control was seized on December 21, 1991.

(A) In case of default of evidence No. 1, Gap evidence No. 2, and full certificate of land engineer, etc.

B. As of the date of the filing of the suit, the amount of national taxes collected by Nonparty 1 is as follows:

C. Defendant 1 and Nonparty 3 through Defendant 5 have the honor to set up a collateral on the instant real estate owned by Nonparty 1 as a joint collateral. Kim Jong-chul died on June 1, 1993, and Defendant 2 had the honor to the spouse of Kim Young-chul and the children of Defendant 3 through Defendant 5. (Evidence A No. 3)

On August 8, 2019, the amount of national taxes in arrears at present by Nonparty 1 ○○.

Competent Authority

Items of Taxation

Deadline for payment

Notice Tax Amount

(unit: source)

Amount in arrears

(unit: source)

00.Tax Secretary

Global Income Tax

December 31, 1990

5,623,180

66,747,780

Global Income Tax

-91.01.31

2,685,220

3,203,220

Total

58,308,400

69,951,000

2. Claim for the cancellation of registration of creation of collateral security by subrogation of creditor;

(a) Establishment of a collateral security right;

On March 21, 1990, Nonparty 1 entered into a contract for the creation of a right to collateral with Defendant 1, ○○○○○ on the instant real property, and completed the registration of creation of a right to collateral with the maximum debt amount of KRW 90,00,000,000 for the 00 District Court received on March 21, 1990.

근저당권자 김□□는 1993년 6월 1일 사망하여 이 사건 근저당권은 상속인 피고2이◎◎(상속 지분 3/9, 김□□의 배우자), 피고3 이○○(상속 지분 2/9, 김□□의 자), 피고4 이◇◇(상속 지분 2/9, 김□□의 자), 피고5 이◆◆(상속 지분 2/9, 김□□의 자)에게 상속 되었습니다.(갑 제3호증 제적등본)

B. Extinctive prescription of the secured claim

The above right to collateral security was established on March 21, 1990, and as of August 2019, the defendants' right to collateral security has expired ten years after the expiration of the extinctive prescription period of civil claims in accordance with Article 162 of the Civil Act. Therefore, the right to collateral security in this case in the name of the spouse of the defendant 1 and the defendant 2 and the defendant 3 and the defendant 5's mother (Ma Kim Jong-san) should be cancelled.

Article 162 of the Civil Act (Extinctive Prescription of a claim or property right) (1) If a claim is not exercised for ten years, the extinctive prescription shall expire.

(2) The extinctive prescription shall be completed, if any property right other than bonds and ownership is not exercised for twenty years.

(c) An insolvent of ○○○;

As of the filing date of the lawsuit, Nonparty 1’s active property is KRW 38,502,640, and the passive property is in a insolvent state in which the positive property exceeds KRW 31,448,360,00, tax liability of KRW 69,951,00. (See the evidence No. 5, referring to the list of the property status of Nonparty 5, and see the evidence No. 6’s calculation statement)

3. Conclusion

The plaintiff is the creditor of the non-party 1, who is the creditor of the non-party 1, and has filed the lawsuit of this case to cancel the registration of creation of the right to collateral on the ground of the completion of the extinctive prescription of the secured claim against the real estate of this case.