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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. C owns 4/15 shares of each of the 4/15 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”) as to each of the 4/15 shares in the real estate listed in the separate sheet (hereinafter “instant real estate”) and 4/15 shares of the instant real estate since the completion of the registration of wooden Branch of the Gwangju District Court and the transfer registration under Article 20136
B. C completed the establishment registration of a mortgage over the maximum debt amount of KRW 18,00,000 on the ground of the contract on January 20, 1994, No. 2422, which was received on January 20, 1994, with respect to his share of co-ownership among the instant real estate, to the Defendant.
C. The Plaintiff filed a lawsuit against Daewoodo Development Co., Ltd. (formerly: Daewoo Automobile Sales Co., Ltd.), and Daewoo Entertainment, asserting that he/she received the claim against C in succession and notified it to C, and the said court rendered a judgment on May 9, 2014 that “C shall pay to the Plaintiff the amount calculated at the rate of 20% per annum for KRW 287,524,387 and KRW 54,81,640 per annum from November 1, 2012 to the date of full payment,” and the said judgment became final and conclusive on May 24, 2014.
[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the secured claim of the right to collateral security, which was completed in the name of the defendant, expired after the lapse of the ten-year statute of limitations from January 19, 194, and when the claim secured by the mortgage is extinguished due to the completion of prescription or any other reason, the mortgage also terminates (Article 369 of the Civil Act). Therefore, the registration of creation of a mortgage in the name of the defendant, which was established in the name of the defendant
B. Meanwhile, as seen earlier, the Plaintiff has a claim against C for damages for delay of KRW 287,524,387 and KRW 54,81,640 among them, and C’s property is the entire share of KRW 4/15 among the instant real property.