(영문) 전주지방법원 2017.12.20 2017가단13498

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(영문) 전주지방법원 2017.12.20 2017가단13498

근저당권말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) On February 25, 2009, the Doyang Social Co., Ltd. (hereinafter “B”) filed a lawsuit against B on the claim for the amount of the transfer on July 1, 2009, and sentenced on July 1, 2009 that “B shall pay the amount equivalent to 19% per annum for KRW 41,732,891, and 13,273,251 from February 17, 2009 to the day of complete payment.” The above judgment became final and conclusive on July 23, 2009.

B. (1) On May 28, 1999, C completed the registration of the establishment of a neighboring mortgage on each real estate listed in the separate sheet No. 1 through 5, as of May 26, 1999, as to each real estate listed in the separate sheet No. 1 through 5, as of May 26, 199, and completed the registration of the establishment of a neighboring mortgage on August 13, 1999 as to the real estate listed in the separate sheet No. 6, which is owned B on August 28, 199. (2) The Defendant completed the registration of the establishment of a neighboring mortgage on the ground of an additional contract on August 13, 199 as to the real estate listed in the separate sheet No. 6051, Nov. 28, 2005.

C. Insolvent B does not currently have any property other than the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, and the result of response to the order to submit taxation information for the viewing of the debate by this court, the purport of the whole pleadings

2. The Plaintiff, who finally acquired the Plaintiff’s loan claim against the Plaintiff’s assertion B, seeks to cancel the registration of the establishment of the instant mortgage in subrogation of insolvent B on the following grounds.

① The instant right to collateral security has no secured obligation, and thus, should be cancelled due to the invalidity of the cause.

② The secured obligation of the instant right to collateral security was extinguished upon the completion of extinctive prescription.

3. Determination

A. The right to collateral security shall be secured against the existence of the secured obligation.

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