Since the period of extinctive prescription of the defendants' right to collateral security has passed ten years, the right to collateral security should be cancelled.

Since 10 years have passed since the establishment of the right to collateral security on the real estate owned by the delinquent taxpayer, the defendants should implement the procedure to cancel the registration of collateral security due to the expiration of the statute of limitations

Article 162 of the Civil Act, and Article 24 of the National Tax Collection Act.

Gwangju District Court-2018-Ban-530405 ( October 22, 2019)

Korea

Red 00 et al.

Pleadings without Oral Proceedings

oly 22, 2019

1. Defendant Hong 00 shall implement each procedure for registration of cancellation of the registration of creation of superficies completed on October 30, 1995 by the 00 district court 00 registry office of October 09, 1995 and the registration of establishment of neighboring superficies completed on October 30, 1995 by the 32206 registry office of the same registry office with respect to each real estate listed in the separate sheet to the non-party Ho 00.

2. Defendant 00, Inc., conducted registration procedures for cancellation of the registration of the establishment of a neighboring mortgage completed under No. 31934, Oct. 25, 1995, with respect to each real estate listed in the separate sheet to Nonparty 100.

3. The costs of lawsuit shall be borne by the Defendants.

Cheong-gu Office

The same shall apply to the order.

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Applicable provisions;

Article 208(3)1 of the Civil Procedure Act (Judgment without Holding Any Pleadings)

Cheongwon of the Gu

1. Relationship between the parties;

The plaintiff, who has a tax claim against the non-party 100, was attached on December 15, 1999 by the director of the tax office 00 who is affiliated with the plaintiff. The director of the tax office 00 under the plaintiff attached on March 25, 2002 the land specified in the attached Table 1,2 (hereinafter referred to as "the real estate of this case"). The defendant 1 knives and the defendant 2 corporation 000 as the joint collateral of the real estate of this case owned by the non-party 1 as the joint collateral, and the non-party 1 knives and the non-party 2 corporation are the joint collateral of the real estate of this case, which

(A) Involving whether there is a default of evidence No. 1

The amount of national taxes in arrears as of September 2018, 2018

Competent Authority

Items of Taxation

Reversion

Deadline for payment

Notice Tax Amount

(unit: won)

Amount in arrears

(unit: won)

00

Value-added Tax

1996

November 30, 1998

6,968,030

8,466,310

Transfer Income Tax

1998

-91.01.31

14,668,810

6,900,810

00

Transfer Income Tax

201

202.01.31

5,206,970

96,080,770

Value-added Tax

201

204.021

3,210,860

5,618,980

Total

80,054,670

17,066,870

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

A. Establishment of a right to collateral between Nonparty 100 and Defendant 1’s red knives

On October 05, 1995, the non-party 1 entered into a mortgage agreement with Defendant 1 knives and the debtor knives and the maximum debt amount of 30,000,000 won with respect to the real property of this case, and the non-party 1 completed the establishment registration of a neighboring mortgage under the receipt of 30890 on October 9, 1995, and completed the establishment registration of a superficies on October 30, 1995.

(A) A certified copy of the real estate register

B. Establishment of the right to collateral security between Nonparty 100 and Defendant 2

On October 24, 1995, Nonparty 100 entered into a mortgage agreement with Defendant 2, Defendant 000 and the debtor 00, the maximum debt amount of KRW 60,000,00 with respect to the instant real estate, and completed the registration of establishment of a mortgage as provided in Article 31934 on October 25, 195.

(A) A certified copy of the real estate register

C. Extinctive prescription of the secured claim

The above right to collateral security has been established on October 9, 1995 and October 25, 1995 in order to secure each obligation of the non-party 1 to the defendant 1 and the obligation of the non-party 2 to the defendant 1 to the non-party 1. Therefore, it may be deemed that at least the claim of the defendant 1 to the defendant 1 to the defendant 1 to the non-party 1 and the claim of the defendant 2 to the defendant

Therefore, as of September 2018, the Defendants’ secured claims as of September 1, 2018 are expected to have expired ten years after the expiration of the extinctive prescription period of civil claims pursuant to Article 162(1) of the Civil Act. Accordingly, the Defendants’ secured claims established on the instant real estate have to be cancelled.

In addition, the Supreme Court has held that "if a right to use a mortgage, such as collateral security, is established or a building or a structure is constructed or installed on the land which is the subject of the mortgage, so that the value of the collateral can be reduced, the right of security and superficies should also be extinguished if the right of security is created, regardless of the purpose or duration of the registered superficies if the right of security is extinguished (see Supreme Court Decision 2011Da6342, Apr. 14, 201)" (see Supreme Court Decision 2011Da6342, Apr. 14, 201). Therefore, the superficies created on the real estate in this case should be cancelled only if the secured claim of the right to use a collateral is repaid or extinguished by prescription.

3. Conclusion

The Plaintiff, as a creditor of Nonparty 100, has filed the instant lawsuit against the Defendants on the ground of the completion of extinctive prescription of the secured claim against the instant real estate collateral on the ground of the obligee’s subrogation right, to cancel the registration of creation of a collateral and the registration of creation of a superficies.

1) A claim under Article 162 (Extinctive Prescription) (1) of the Civil Act shall be extinguished by prescription if it is not exercised within ten years.

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