(영문) 광주지방법원 2021.03.18 2020가단9034

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(영문) 광주지방법원 2021.03.18 2020가단9034

근저당권말소

Text

The Defendants received on October 12, 2005 from the registry of the Gwangju District Court with respect to the real estate stated in the attached list from the Plaintiff.

Reasons

1. Basic facts

A. On October 10, 2015, the Plaintiff entered into a mortgage agreement with the Dong K on the real estate listed in the separate sheet (hereinafter “instant real estate”). On October 12, 2005, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “registration of creation of the right to collateral security”), which is the maximum amount of KRW 13 million,00,000,000,000,000,000,000,000,000,000,0000,000,0000,000,0000,000,000,000,000,000).

B. On April 20, 2006, the net K applied for a voluntary auction on April 25, 2006, and on March 30, 2007, the application for a voluntary auction was dismissed.

(c)

The deceased on March 16, 2008, the deceased on March 19, 2008, and the heir inherited the property of the deceased K in proportion to the shares of Defendant B 3/19, the wife of Defendant C, D, E, F, G, H, I, and J, each of 2/19 shares.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The statute of limitations has expired after the lapse of ten years from the time when the secured claim under the right to collateral security becomes final and conclusive, unless there is a ground to suspend the statute of limitations. According to the above facts, the secured claim under the right to collateral security of this case became final and conclusive on April 20, 2006, which was the date of the net K’s voluntary request for auction, and the ten-year statute of limitation has already lapsed at the time of the instant lawsuit. As such, the secured claim under the right to collateral security of this case had already expired due to the expiration of the statute of limitations.

Therefore, the Defendants, which are inheritance of the network K, are obligated to perform the registration procedures for cancellation with respect to shares of 3/19, Defendant C, D, E, F, G, H, I, and J as to shares of 2/19 of the instant mortgage creation registration to the Plaintiff.

3. If so, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition with the assent of all.

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