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1. The defendant on March 3, 1998, as to each real estate listed in the separate sheet to the plaintiff.
Reasons
1. Basic facts
A. On July 5, 2019, the Plaintiff filed an application for a payment order against C with the Gwangju District Court Naju District Court 2009Guj1339, and received the payment order at that time. In order to interrupt the extinctive prescription of the claim based on the final and conclusive payment order, the Plaintiff filed an application for a payment order again with the Gwangju District Court Naju District Court 2019 Gujju 634 around July 5, 2019, and received a payment order order with the purport that “C shall pay to the Plaintiff KRW 68,138,200 and its delay damages.” The above decision was finalized on September 24, 2019.
B. On March 3, 1998, the Defendant completed the registration of the establishment of a neighboring mortgage to the Defendant on the ground of a contract signed by February 28, 1998 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).
(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”) C.
C is currently insolvent other than the real estate in this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination:
A. 1) The Plaintiff’s assertion 1) was not carried out 20 years after the establishment of the instant mortgage, in view of the fact that the secured claim was not carried out, or even if there were exist, the extinction prescription expired. Therefore, the registration of the establishment of the instant collateral should be cancelled as the registration of invalidation, and the Plaintiff, a creditor of C, seeks to cancel the registration of the establishment of the instant collateral on behalf of the Defendant on behalf of C by subrogation of C. 2) The Defendant was merely against the belief of the Defendant C (or D, an actual debtor), and filed an application for the auction of the instant real estate with the Gwangju District Court E, thus, the Plaintiff’s claim is unjust.
(b) The judgment claim shall be extinguished by prescription if it is not exercised within ten years.
(see Article 162 of the Civil Act), therefore, special.