(영문) 수원지방법원여주지원 2015.06.09 2014가단11132

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(영문) 수원지방법원여주지원 2015.06.09 2014가단11132

근저당권말소

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1. The defendant on November 16, 1993, with respect to the land size of 127 square meters in the Gyeonggi-gun C cemetery in Yangyang-gun, Suwon District Court.

Reasons

1. In light of the purport of the entire pleadings in the statement in Gap evidence Nos. 1 and 2, there is no dispute between the parties to the registration, or comprehensively taking account of the purport of the entire pleadings, the plaintiff completed the registration of creation of a collateral security (hereinafter referred to as the "mortgage of this case") with respect to Suwon District Court, Yangyang-gun, the Gyeonggi District Court, No. 43936, Oct. 14, 2014; No. 43936, Sept. 6, 1999; D, on November 16, 1993, with respect to the real estate of this case, completed the registration of creation of a collateral security (hereinafter referred to as the "mortgage of this case") with respect to the defendant on October 21, 1993, on the ground of the contract for creation of the collateral security (hereinafter referred to as the "mortgage of this case"), the maximum debt amount of which is KRW 160 million, and the debtor E.

2. Determination on the cause of the claim

A. The plaintiff's assertion asserts that the registration of creation of mortgage of this case should be cancelled in accordance with the appendant nature of the right to collateral security, since the extinctive prescription of the secured claim of this case has expired.

B. According to the above facts, the mortgage of this case was concluded on October 21, 1993, or on October 16, 1993, when the establishment registration of the mortgage of this case was completed, and more than 10 years have passed since November 16, 1993, when the establishment registration of the mortgage of this case was completed, the mortgage of this case was extinguished due to the completion of extinctive prescription. Thus, the establishment registration of the mortgage of this case should be cancelled based on the appendant nature of the mortgage.

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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