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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The fact that the Plaintiff borrowed money from the Defendant for the purpose of securing the real estate of this case by establishing a collateral security right under the name of the Defendant with the Sung-gu District Court Branch of Seo-gu District Court No. 13863, Nov. 5, 1999, whose maximum debt amount is five million won as of Nov. 5, 1999, is not disputed between the parties, or if the purport of the entire pleadings is added to the statement in Gap evidence No. 1.
2. The Plaintiff asserts that the instant claim is the cause of the claim, and that the secured debt of the foregoing right to collateral security has ceased to exist after the lapse of ten years from the date of its establishment, and that the Defendant is obliged to implement the registration procedure for cancellation of the registration of cancellation of the right to collateral security.
On the other hand, since there is no counter-proof that there is a separate period of repayment as to the above loan, which is the secured claim of the above right to collateral security, the above loan constitutes a claim with no fixed period of time. Thus, the ten-year prescription period from November 5, 199, which is the date of establishment, shall apply. It is clear in the record that the lawsuit of this case was filed on July 7, 2014 after the lapse of ten years from November 5, 1999. Thus, the above loan was already extinguished before the lawsuit of this case was filed, and the above right to collateral security was extinguished due to the incidental nature of the right to collateral security (see Article 369 of the Civil Act). Thus, the defendant is obligated to implement the cancellation registration procedure with respect to the above right to collateral security to the plaintiff on the ground of the completion of the extinctive prescription period.
3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.