Text
1. On November 13, 2003, the defendant registered the Seoul Central District Court with respect to the real estate stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. On November 13, 2003, Nonparty B completed the registration of creation of collateral security (hereinafter “instant collateral security”) with respect to the real estate indicated in the separate sheet owned by Nonparty C (hereinafter “instant real estate”) on November 13, 2003 by the Seoul Central District Court’s registration No. 118573, Nov. 13, 2003, Nonparty B completed the registration of creation of collateral security (hereinafter “instant collateral security”).
B. On February 28, 2007, the Defendant: (a) transferred the instant right to collateral security from C; (b) completed the instant registration of collateral security by the Seoul Central District Court No. 1790, Mar. 6, 2007, received on March 6, 2007.
C. On April 19, 2007, the Defendant filed a motion for auction on the instant land with respect to the instant land, and on April 19, 2007, the auction procedure was commenced by the Seoul Central District Court’s decision on commencing auction (D).
However, on June 18, 2007, on the ground that the real estate of this case cannot be the object of sectional ownership, the decision to commence the auction was revoked, and the defendant's request for auction was dismissed.
On the other hand, the Plaintiff purchased the instant real estate from B on August 12, 2011, and completed the registration of ownership transfer as Seoul Central District Court’s registration No. 5434 on August 16, 2011.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion asserts that the statute of limitations expired for the secured debt of the instant right to collateral security, and sought cancellation of the instant right to collateral security.
B. In full view of the facts acknowledged earlier, the extinctive prescription period of the secured claim of the instant right to collateral security is ten years, and the secured claim of the instant right to collateral security is a loan that was not set due date for payment, and barring any special circumstance, the starting date of November 13, 2003, which was the date of the registration of establishment of the right to collateral security of the instant case, when the secured claim of the instant right can be exercised at least
The lawsuit of this case is filed.