Establishment registration cancellation, etc.

Since the collateral security that the deceased created on the real estate in the name of the plaintiff has expired due to the completion of the prescription, the inheritor of the deceased shall cancel the registration of collateral security and the Republic of Korea, which seized the collateral security claims, has the duty to express his/her consent to the cancellation thereof.

Article 24 of the National Tax Collection Act

2017 Ghana 125303 Registration of the establishment of a mortgage, cancellation thereof, etc.

United StatesA

1.B, 2. Korea, 3. ThisCC, 4. Edd.

November 29, 2018

2019.010

1. The Plaintiff:

(a) Defendant BB, thisCC, and IsD implement the registration procedure for cancellation of the establishment registration of a neighboring mortgage completed by the Daegu District Court No. 5218, Oct. 13, 2009, as to each one-third share of the real estate listed in the separate sheet;

B. The defendant Republic of Korea has expressed its intention of acceptance on the registration of cancellation as described in the above paragraph (a).

2. The costs of lawsuit are assessed against the Defendants.

Cheong-gu Office

The same shall apply to the order.

1. Facts of recognition;

A. The ZE was deceased on August 8, 201, and the spouse and children of the ZE were deceased on August 8, 201, and the Z as the first-class heir, the second-class heir of the ZE, EO, EOO, EO, EO, EO, EO, EO, EO, EO, and EO, which were the third-class heir of the third-class heir of the EO, EO, EO, EO, EO, EO, and EO, filed a report on the renunciation of inheritance and jointly succeeded to the property of this ZE (hereinafter referred to as “EO”) by the Defendant BB, EO, EO, and EO, EO, as the case was decided on November 15, 201.

B. As of October 13, 2009 regarding the real estate listed in the attached list owned by the plaintiff (hereinafter referred to as the " apartment of this case"), the registration of seizure of the collateral security (hereinafter referred to as the "mortgage of this case") was completed by the debtor as E-E, the maximum debt amount as 30,000,000 won, and the registration of the establishment of the collateral security (hereinafter referred to as the "mortgage of this case") composed of the deceased as the "registration of the collateral security (hereinafter referred to as the "mortgage of this case"), and the registration of the collateral security (hereinafter referred to as the "registration of seizure of this case") was completed by the defendant against the right holder as of August 30, 2016.

C. The instant collateral security registration was established to secure the claim for the amount of goods against ChoE by continuously supplying timber, etc. to ChoE engaged in the civil engineering and building business by the deceased, and the transaction between the deceased and ChoE on June 28, 201 is the last day to receive KRW 5,720,000 from ChoE as the price for goods.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

2. Determination

The Plaintiff asserted that the secured claim of the instant right to collateral was extinguished by repayment or extinguished by the completion of prescription, and that the instant right to collateral was also extinguished, and sought cancellation of the registration of the instant right to collateral in accordance with the inheritance shares against the Defendants, the heir of the deceased, and sought to express his/her consent to the registration of cancellation against the Defendant Republic of Korea, the interested party who completed the instant seizure registration.

On the other hand, the five-year commercial statute of limitations applies to the deceased's claim for the goods against E arising from a continuous transaction, which is the secured claim of the instant right to collateral security, since the deceased's claim for the goods proceeds from commercial activity. As seen earlier, the deceased's deposit of KRW 5,720,00 from E on June 28, 201 was the last transaction, and the deceased's heir and E died on August 8, 2011, and the transaction between the deceased and E was no longer traded between the deceased's heir and E on the other hand, at least on August 8, 201, and thereafter, the claim for the goods against E due to continuous transaction, which is the secured claim of the instant right to collateral security, became final and conclusive. Since five years have elapsed since the secured claim of this case was remarkably extinguished by the court, the secured claim of this case was extinguished by prescription, and thus, the Defendants, the heir of this case, the heir of this case, has an obligation to cancel the registration of the shares of this case.

3. Conclusion

Each claim against the defendants by the plaintiff against the defendants is justified.