Whether the extinctive prescription of the claim secured by the right to collateral security of this case has expired, and whether the defendants' duty to cancel the registration and to express their consent

Since the extinctive prescription of the secured obligation against the instant right to collateral security has expired, Defendant 3 is liable to implement the procedure for cancellation of the registration of creation of a neighboring mortgage, and Defendant Republic of Korea is liable to express its consent.

Article 369 of the Civil Act

Daejeon District Court Decision 2018dan115135

EO

Republic of Korea and 4

oly 17, 2019

oly 15, 2019

1. Claim against Defendant AA, BB, and CCC

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions;

1) Defendant BB and CCC: Judgment by service (Article 208(3)3 of the Civil Procedure Act)

2) Defendant AA: Judgment on deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. Claim against Defendant Republic of Korea

A. In light of the overall purport of the arguments in Gap evidence No. 1, the defendant Republic of Korea is ordered.

1 With respect to the registration of creation of a neighboring mortgage mentioned in paragraph (1) 1, the Daejeon District Court of Daejeon District on May 3, 2006

Receipt No. 42599, ② Daejeon District Court Branch of Daejeon District Court on September 7, 2006, No. 83857, ③ Daejeon District Court on September 7, 2006

The grounds for seizure of each of the collateral security claims by the court of Daejeon District Court was received on October 18, 2006, No. 99548.

Upon completion of additional registration of seizure, the claim secured by the above right to collateral security has become extinctive prescription; and

It is recognized that no longer exists.

(b) The pressure when cancelling the right to collateral security because there is no secured claim of the right to collateral security.

The holder of the right to obtain the declaration of consent to the cancellation of the right to collateral security as a third party with an interest in registration.

Inasmuch as there is a duty to pay (see, e.g., Supreme Court Decision 2003Da70041, May 28, 2004).

High Republic of Korea shall accept the Plaintiff’s registration of cancellation of the registration of the establishment of the instant mortgage.

have the obligation to indicate.