(영문) 전주지방법원정읍지원 2016.10.25 2015가단10415

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(영문) 전주지방법원정읍지원 2016.10.25 2015가단10415

근저당권말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 27, 1993, Nonparty B entered into a mortgage agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “the instant real estate”) and completed the registration of the establishment of a mortgage on the instant real estate under the name of the Defendant, as the former District Court No. 13689, Sept. 28, 1993, No. 13689, Sept. 28, 1993.

(hereinafter above, the right to collateral security (hereinafter referred to as the “instant right to collateral security”) B.

The Plaintiff filed a claim for reimbursement against B by Seoul Central District Court 2010Kadan198952, and was sentenced by the above court on September 17, 2010 to the effect that “B and C shall jointly and severally pay to the Plaintiff KRW 486,076,467 and delay damages for KRW 475,392,056.” The above judgment became final and conclusive on November 23, 2010.

C. Around the closing date of the instant argument, B is insolvent in excess of active property.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 and 2 (including additional numbers; hereinafter the same shall apply), the fact-finding results of this court's inquiry into the tolerance city, the result of this court's submission order of each financial transaction information and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the right to collateral security was established around September 1993, and the ten-year prescription period for the secured claim expired, and the instant right to collateral security should be cancelled depending on the nature of the father.

Therefore, the defendant, who is the mortgagee, is obligated to implement the procedure for registration of cancellation of the establishment registration of the neighboring mortgage of this case.

B. The Defendant’s assertion B, along with the Defendant’s letter, notified B of the repayment of the secured debt of the instant right to collateral security, as well as the name of the Defendant, etc., and the period of extinctive prescription was interrupted since B approved the secured debt.

3. We examine whether the secured obligation of the instant right to collateral security has expired by prescription. The instant case was examined.

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