1. The Plaintiff:

A. As to the real estate stated in the separate sheet, Defendant C shall be liable for the registration office of the Gwangju District Court on June 1998.

Facts of recognition

On June 8, 1998, the Plaintiff entered into a mortgage agreement with Defendant C, which provides for a maximum debt amount of KRW 80 million, as the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of creation of a mortgage on June 13, 1998 as the Masung District Court No. 4817, Jun. 13, 1998.

On November 11, 2013, Defendant Republic of Korea completed the registration of seizure on the above-mortgaged mortgage claims.

[Based on the recognition, in cases where claims are seized based on the judgment of the court below as to the plaintiff's assertion as to Gap's evidence Nos. 1-1-4 and the purport of the whole pleadings, the purpose of registering the seizure of the claims by means of additional registration in the registration of establishment of a mortgage is to publicly announce the seizure of the claims because the seizure of the claims is not effective even in the case where the claims secured by the collateral are seized by the registration of establishment of a mortgage. Thus, if the claims secured by the collateral do not exist, the seizure order shall be null and void, and if the claims secured by the collateral are cancelled, the seizure right holder shall be a third party with a interest in the registration and shall express his/her consent to the cancellation

(See Supreme Court Decision 2003Da70041 Decided May 28, 2004, etc.). Article 162(1) of the Civil Act provides that the extinctive prescription of a claim shall expire if it is not exercised for ten years. On the other hand, on the date of the instant lawsuit ( July 20, 2019), it is apparent that the said establishment registration was completed for twenty years or more from the time the said establishment registration was completed. Thus, the secured claim of the above secured claim against the Plaintiff by Defendant C against the Plaintiff was already extinguished by the extinctive prescription.

Therefore, the establishment registration of the above neighboring mortgage should be cancelled according to the subsidiary nature of the security right, and the defendant Republic of Korea, who is an interested party, has a duty to express his/her consent to the cancellation of the establishment registration of the above neighboring mortgage.

The plaintiff's claim is accepted.