(영문) 인천지방법원 2018.08.22 2017가단223940

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(영문) 인천지방법원 2018.08.22 2017가단223940

근저당권말소

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1. As to the Plaintiff, Defendant B’s share of 3/7 of the real estate listed in the separate sheet, Defendant C and D are listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On July 9, 1997, the Plaintiff registered the creation of a collateral mortgage (hereinafter “instant collateral security”) with the maximum amount of claims KRW 9,100,000, the debtor, the debtor, and the collateral mortgagee E (hereinafter “the deceased on June 23, 200,”) in view of real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”).

B. The secured obligation of the instant right to collateral security is the purchase price that the Plaintiff had not paid at the time when the Plaintiff purchased the instant real estate from the FF Co., Ltd. that was practically representativeed by the Defendant.

C. Meanwhile, Defendant C and D, the husband of the deceased, is the husband of the deceased.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. According to the above facts of determination, it is reasonable to view that the extinctive prescription of the secured obligation of this case was completed after the lapse of ten years from July 9, 1997, which was the date of registration of creation of the right to collateral security of this case.

Therefore, since the secured debt of this case was extinguished, the registration of creation of mortgage of this case should also be cancelled according to the subsidiary nature.

Ultimately, the Defendants, the inheritors of the deceased, who are the right to collateral security, are obligated to perform the registration procedure for cancellation of the registration of the establishment of a mortgage of this case pursuant to each inheritance share (the shares of Defendant B 3/7, and shares of Defendant C and D 2/7). Defendant B, as to shares of 3/7 of the instant real estate, and Defendant C and D, as to shares of 2/7 of the instant real estate, are liable to perform the registration procedure for cancellation of the registration of the establishment of a collateral security of this case.

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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