The period of extinctive prescription of a claim is ten years, and the extinctive prescription should be calculated from the date of establishment of the right to collateral security except in extenuating circumstances.

The extinctive prescription period of a claim is ten years, and the extinctive prescription should be calculated from the date of establishment of the right to collateral, except in extenuating circumstances. Thus, the mortgagee is obligated to cancel the right to collateral on the ground of extinction of the right to collateral, and Korea is a third party who has a interest in the registration and has a duty to express his/her consent

Article 24 of the National Tax Collection Act

2013 Mada9115 De-mortgage

○○○ Fund

Republic of Korea and 1

March 13, 2014

April 03, 2014

1. As to the real estate listed in the separate sheet, Defendant Han-A shall implement the registration procedure for cancellation of the registration of cancellation of the establishment of the neighboring mortgage on August 7, 2003, received on August 7, 2003, as to the Plaintiff. 2. Defendant Han-A shall express his/her consent on the registration of cancellation under paragraph (1).

3. The costs of lawsuit shall be borne by the Defendants.

The same shall apply to the order.

1. Facts of recognition;

A. The Plaintiff guaranteed the obligation to the financial institution of KimB, and subrogated for it. On January 13, 2005, the Plaintiff filed a claim for reimbursement and other claims against KimB, etc. with Busan District Court 2004Gahap4877, and received the judgment that the Plaintiff would pay the △△△△△won and its delay damages, etc., and the judgment became final and conclusive.B) On August 7, 2003, the judgment was made. The KimB made the registration of the establishment of a mortgage on the real estate in arrears as to the claim of this case against the debtor KimB, the maximum amount of claims 200 million won, and the registration of the establishment of a mortgage on September 18, 2002 by the Changwon District Court 301.

D. KimB is a state of absence of any other property except the instant real estate.

[Reasons for Recognition] Unsatisfy Facts, Gap 1, 2 evidence, Eul 1, and 2 evidence (including each number), the fact inquiry result of the court's fact inquiry about △△ head of the △△ branch, the purport of the whole pleadings

2. Determination

A. The Defendant Han-A’s claim against KimB was incurred before August 7, 2003, which was the date of establishment of the right to collateral security (the contract concluded on September 18, 2002 was due to the registration of collateral security) and thus, the extinctive prescription is expired on August 7, 2013, which was ten years after the date of the above establishment.

As to this, Defendant Republic of Korea asserts to the effect that the statute of limitations has not yet expired since the cause and type of the claim and the initial date of the statute of limitations are unclear. However, in this case where the statute of limitations is ten years, and the right to collateral security has been created based on the claim, barring any special circumstance, the statute of limitations should be calculated from the date of establishment of the right to collateral security. Therefore, Defendant HanA is not justified. Accordingly, Defendant HanA has a duty to cancel the right to collateral security on the instant real estate due to the extinction of the statute of limitations based on the nature of the right to collateral security, and Defendant Republic of Korea has a duty

In addition, the plaintiff, the creditor of KimB, can seek the cancellation of the above collateral security and the declaration of consent therefor from the defendants in subrogation of KimB in order to preserve his/her own claim.

3. Conclusion

Therefore, the plaintiff's claim is accepted in full.