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1. The plaintiff
A. Defendant B shall have the competent registry office of the Daejeon District Court on November 1, 2005 with respect to the area of 1109 square meters of forest land D in Jin-si, Jin-si.
Reasons
1. In full view of the evidence evidence No. 1 of the judgment as to the cause of the claim, as to the woodland No. 1 as stated in the Disposition No. 1 (hereinafter “the woodland of this case”), the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) was completed with respect to the woodland No. 1 as stated in the Disposition No. 46269, Nov. 1, 2005, the Daejeon District Court rendered the registration of establishment of a mortgage (hereinafter “mortgage No. 150,000), the debtor, the plaintiff, and the mortgagee of the non-mortgage No. 1622, and thereafter, the defendant C Co., Ltd (hereinafter “the defendant C”) received the seizure and collection order of the claim No. 2009, Jan. 27, 2009, and completed the additional registration of the seizure of the claim No. 34913, respectively. 34913.
The plaintiff asserts that the registration of the establishment of a neighboring mortgage of this case is null and void because it was established only for the purpose of prohibition of disposal without secured
Even if it is not recognized as invalid, the right to collateral security of this case was extinguished due to the expiration of the extinctive prescription of ten years after the date of establishment of the claim.
A mortgage is a mortgage established by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act). Since a security right is established to secure a certain limit from a continuous settlement term for the future, there must be a legal act establishing a secured claim of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of
On the other hand, if a claim with a mortgage is seized, the purpose of registering the seizure of the secured claim by means of additional registration in the establishment registration of the collateral is to attach the secured claim on the mortgage.