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Reasons
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(영문) 의정부지방법원고양지원 2016.10.28 2015가단32168
근저당권말소등기 등
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1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the attached Form (hereinafter “instant building”)

B. On November 29, 2012, Defendant B completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) against the instant building No. 101 offered as security by the Plaintiff on November 29, 2012, under which the debtor C and the mortgagee B were Defendant B.

C. Meanwhile, around December 2015, Defendant B failed to pay national taxes equivalent to KRW 89,672,150, including value-added tax, and Defendant B’s Republic of Korea (the director of the competent tax office: the director of the North Daejeon District Tax Office) attached Defendant B’s right to collateral security on August 28, 2015.

【Ground for Recognition: Facts without dispute, Eul's evidence 1 (including each number), Eul's evidence 1 and 2, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. On May 10, 2013, Defendant B returned goods (u.s.) equivalent to the part exceeding KRW 80,000,000 from C, and instead, Defendant B did not implement the registration of the establishment of the creation of the instant neighboring building, instead of obtaining the right to collateral security from “Seoul Eth Eth (hereinafter “Seoul Eth 3th (hereinafter “the instant substitute building”)” (hereinafter “the instant substitute building”).

Even if it is not so, the right to the registration of the establishment of a new mortgage of this case is the one-time claim against Defendant B for the purchase of the goods. Thus, the three-year prescription expired in accordance with Article 163 subparagraph 6 of the Civil Code.

Therefore, the Plaintiff, ① Defendant B is obligated to implement the registration procedure for cancellation of the registration of the establishment of the creation of the creation of the neighboring mortgage of this case, ② Defendant B’s attachment of the above collateral security loan of this case is obligated to express his consent on the registration of cancellation.

B. Defendant B returned goods in excess of KRW 80,000,000 and set up a collateral security on the instant substitute building.

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