(영문) 대전지방법원논산지원 2019.01.10 2018가단1486

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(영문) 대전지방법원논산지원 2019.01.10 2018가단1486

근저당권말소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On April 13, 2015, the Plaintiff acquired ownership of 3,514 square meters (hereinafter “instant land”).

With respect to the instant land, on August 19, 2004, the establishment registration of the mortgage stated in the purport of claim D (Death around February 2016) was completed under the name of the Defendant, the maximum debt amount of KRW 100 million and the obligor’s net D (Death).

(2) On August 28, 2018, the Defendant rendered a voluntary decision to commence the auction based on the instant right to collateral security (hereinafter “instant right to collateral security”).

【The ground for recognition” did not have any dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings by the plaintiff's assertion of the parties concerned as to the purport of the whole pleadings, the secured debt of the instant right to collateral security does not exist, or the net D has extinguished by repaying all the secured debt on July 19, 2006, or the ten-year statute of limitations expired.

Therefore, this case’s right to collateral security is null and void because there is no secured claim.

The Defendant’s assertion that the secured debt of the instant right to collateral security was the Defendant’s claim for the loans against the Defendant’s network D, and the Defendant did not receive the above loans, and the Defendant’s provisional attachment registration was suspended on July 21, 2006.

Judgment

In full view of the whole purport of the pleadings on the existence of the claim secured by the right to collateral security of this case and the written evidence Nos. 2 and 3 (the whole purport of the argument No. 2 shall be acknowledged as the authenticity of No. 3), the defendant set up the right to collateral security of this case as of August 19, 2004 with regard to the land of this case which was owned by F at the time of Aug. 19, 2004, the defendant secured all the obligations to be borne by the deceased D within the limit of KRW 100,000,000 to the deceased on Aug. 20, 2004, and the defendant lent 77,000,000 to the deceased on Oct. 5, 2004.

Therefore, this case.

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