(영문) 광주지방법원 2017.09.27 2016가단517484

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(영문) 광주지방법원 2017.09.27 2016가단517484

근저당권설정등기말소

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1. The defendant is about the shares owned by the non-party B 1/2 among each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On the basis of the final judgment of the case of claim for the amount of money transferred to Gwangju District Court 201Ga1479, the Plaintiff has the “14,870,704 won and damages for delay in relation to KRW 113,576,219” as to B.

B. As to shares B owned by each of the real estates listed in the separate sheet (hereinafter “instant real estate”), the amount of KRW 20,000,000 of the maximum debt amount on December 4, 1997, and the debtor B and the mortgagee, who was the defendant, shall be the "registration of the instant collateral security (hereinafter referred to as the "registration of the establishment of each collateral security"), which was received on December 5, 1997 from the registration office of the Gwangju District Court, No. 43425, Dec. 5, 197.

(C) A. B has no property other than the instant real estate. [The facts that there is no dispute over the grounds for recognition, Gap evidence 1, Gap evidence 2-1, 2, and 3, and the purport of the whole pleadings.]

2. The parties' assertion

A. The Plaintiff’s assertion (i) In relation to the registration of the instant collateral security, there was no legal act between the Defendant and B to establish the secured claim, and therefore there was no secured claim of the instant collateral security.

In household affairs, there was a secured claim of the mortgage of this case.

Even if the secured claim under the contract of this case was made at the latest, the prescription period was terminated since the secured claim under the contract of this case was made at the latest on December 4, 1997.

The registration of the instant collateral security shall be cancelled because the secured debt does not exist.

SheB was in the state of having no property other than the instant real estate, and B did not exercise the right to claim the cancellation registration of the instant collateral security registration, and the Plaintiff, as the creditor of B, seeks the Defendant to implement the procedure for cancellation registration of the instant collateral security registration by subrogation of B.

B. (1) The husband C borrowed KRW 20 million from the Defendant at the time of the establishment of the instant right to collateral security, and provided the instant real estate owned by B as collateral to secure this.

Dor C is the interest of the Defendant from that time to that time.

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