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1. The defendant, as to the real estate listed in the attached list to EF, shall be the inncheon Branch of the Gwangju District Court's Netcheon Branch Office on 2005.
Reasons
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 to 3 may be admitted, with the whole purport of the pleadings.
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 ceased to exist due to the completion of extinctive prescription on May 24, 2015 when ten 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.
In addition, as long as the secured obligation of this case was extinguished due to the completion of extinctive prescription, provisional injunction order prohibiting disposal of the instant right to collateral security also becomes null and void. Since the Defendant is a provisional injunction holder of the instant right to collateral security, it is a third party having interests in registration, the Defendant is obligated to express his/her consent to the cancellation of the registration of establishment
Ultimately, F’s creditor is obligated to perform F’s registration procedure for cancellation of the registration of cancellation of the establishment of the creation of the neighboring mortgage of this case, upon the Plaintiff’s request subrogated to F for the preservation of the said claim, and E is obligated to give consent to the said cancellation.
B. As to the Defendant’s assertion, the Defendant asserts that, upon receiving a provisional disposition prohibiting disposal of the instant right to collateral security, the extinctive prescription of the secured obligation of the instant right to collateral security was suspended, the Defendant did not have an obligation to express his/her consent
On the other hand, even if the defendant was found to have received a provisional disposition prohibiting the disposal of the right to claim the registration of collateral security under the transfer contract against E as the preserved right, the Civil Act shall apply to E's credit (i.e., the secured obligation of the instant collateral security) regardless of the suspension of the defendant's prescription of the right to claim the registration of collateral security against E.