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(영문) 인천지방법원 2016.04.26 2015가단49759
근저당권말소등기
Text

1. As to the Plaintiff’s share of 186.6/678 square meters in Nam-gu Incheon District Court 399.7 square meters, the Defendant shall make May 21, 1999 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff owns a share of 186.6/678 square meters in Nam-gu, Incheon Metropolitan City (hereinafter “instant share”) among 399 square meters.

B. The Plaintiff borrowed KRW 25,00,000 from the Defendant on May 21, 1999 to the Defendant with respect to the instant shares, and received on May 21, 1999 the establishment registration of a collateral security (hereinafter “the Plaintiff, the mortgagee, the Defendant, the maximum debt amount of KRW 25,00,000), which was determined by the Incheon District Court Ordinance No. 47738, May 21, 199 as follows: (a) the establishment registration of a collateral security (hereinafter “the Plaintiff, the mortgagee, the Defendant, the maximum debt amount of KRW 20,000) from the Defendant on December 8, 199; and (b) the Plaintiff received the establishment registration of a collateral security (hereinafter “the maximum debt amount of KRW 116295,00,000) from the Defendant on December 28, 199; and (c) the Plaintiff received the establishment registration of a collateral security (the maximum debt amount of KRW 50,000,000,00).

(hereinafter referred to as “each of the instant collateral security”). [Ground of recognition] A without dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. Since the Plaintiff’s assertion was extinguished with repayment of the obligation secured by each of the instant collateral security claims, or its extinctive prescription has expired, each of the instant collateral security rights must be cancelled.

B. We examine the determination of the Plaintiff’s assertion of reimbursement, and there is no evidence supporting the Plaintiff’s assertion, and this part of the Plaintiff’s assertion is without merit.

C. According to the above facts, it is reasonable to view that the establishment registration of a mortgage of each of the instant loans to the Plaintiff was aimed at securing the Defendant’s respective loans against the Plaintiff. The above loan claims are conducted from the time when the loan holder can exercise the right in money, and the ten-year extinctive prescription period is applied as a general civil bond, and thus, the secured obligation of each of the instant mortgages is the secured obligation.

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