Deals & Cases

Cancellation of Mortgage Registration
Cancellation of Mortgage RegistrationFavorable Judgment

Suncheon Law Firm Assistance | Completion of the Mortgage Cancellation Procedure With the Suncheon Law Firm's Assistance

The client who came to the Suncheon law firm sought assistance from a Suncheon attorney in order to file for cancellation of a mortgage. With the Suncheon attorney's assistance, the application was successful.

1. How the Client Came to the Suncheon Law Firm

Suncheon law firm circumstances

The client who came to the Suncheon law firm wished to file for cancellation of a mortgage. The Suncheon attorney collaborated with attorneys nationwide to assist the client.

What Led the Client to the Suncheon Attorney

The client who came to the Suncheon law firm is a representative who owns a hotel in Suncheon.

The client had borrowed several billion won in total to operate the hotel.

In doing so, the client established a mortgage over the hotel in favor of the defendant, the creditor, using the hotel as security.

Thereafter, the defendant applied for an auction to enforce a security right over the hotel, and the hotel was sold, so that the claim underlying the mortgage and the execution costs were all repaid.

Because the secured debt of the mortgage had all been repaid and thus extinguished, the client sought assistance from the Suncheon attorney in order to file for cancellation of the mortgage.

Relevant Statutes Explained by the Suncheon Attorney

The Suncheon attorney explained 🔗mortgages / mortgages to secure a maximum amount.

■ What is a 'mortgage'?

A mortgage refers to the right to receive preferential repayment of one's own claim, ahead of other creditors, out of the mortgaged property provided by the debtor as security for the debt in the event that the debt is not performed.

■ What is a 'mortgage to secure a maximum amount'?

A mortgage to secure a maximum amount, which is a type of mortgage, is security for claims that will arise in the future.

In other words, it is a mortgage established over real property in order to secure, up to a fixed maximum amount, the multiple claims arising from continuing transactions as of a future settlement date.

■ Cancellation registration of a mortgage to secure a maximum amount

This refers to a registration made for the purpose of legally extinguishing a registration where the registration of a mortgage to secure a maximum amount no longer corresponds to the substantive relationship, whether before the registration or for some reason afterward.

> A mortgage to secure a maximum amount is extinguished for the following reasons, among others, and once it is extinguished, a cancellation registration is made.

∙ Termination of the contract due to repayment of the debt (Article 364 of the 「Civil Act」)

∙ Extinguishment of the superficies and the chonsegwon that are the subject of the mortgage to secure a maximum amount (Article 288 of the 「Civil Act」)

∙ If the subject property is sold, such as through an auction (Article 91, paragraph 2 of the 「Civil Execution Act」)

∙ Merger (Article 191, paragraph 1 of the 「Civil Act」)

∙ Termination by agreement between the parties (Article 543 of the 「Civil Act」)

∙ Occurrence of an agreed ground for extinguishment (Article 54 of the 「Real Estate Registration Act」)

∙ If the mortgage to secure a maximum amount is waived as to part of the real property that is the subject of a joint mortgage securing the same claim

2. The Suncheon Law Firm's Assistance

After conducting a careful consultation with the client at the Suncheon law firm, the Suncheon attorney argued as follows.

Suncheon Attorney's Argument That the Defendant Sold the Subject Property Through an Auction Based on the Mortgage

The defendant, the creditor, applied for an auction to enforce a security right based on the mortgage.

The Suncheon attorney argued that the hotel had been sold pursuant to the defendant's auction application.

Suncheon Attorney's Argument That the Secured Debt Was Extinguished

Through the sale of the secured hotel, the defendant was repaid in full for the claim underlying the mortgage and the execution costs.

The Suncheon attorney argued that the secured debt of the mortgage in this case had already been repaid in full and extinguished.

Suncheon Attorney's Argument That the Defendant Has a Duty to Cancel the Mortgage

The Suncheon attorney emphasized that, the secured debt of the mortgage having been repaid, the defendant has a duty to cancel the mortgage.

3. Mortgage Cancellation Granted With the Suncheon Law Firm's Assistance

The client who sought the Suncheon law firm's assistance prevailed in the mortgage cancellation lawsuit with the Suncheon attorney's assistance and was able to complete the mortgage cancellation procedure.

If You Are Looking for a Suncheon Attorney

The client who visited Daeryun Law Firm was able to complete the mortgage cancellation procedure thanks to the prompt assistance of the Suncheon attorney.

Cancelling a mortgage requires satisfying several requirements, so having an attorney review the matter can be helpful.

Drawing on the results of extensive data analysis, Daeryun reviews the prospects of a client's case and assists the client.

If you are in a situation like the one above, please feel free to reach out at any time to a 🔗Suncheon attorney for help.

순천로펌 조력 사례 | 순천로펌의 조력으로 부동산 근저당권말소 절차 이행

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

Cancellation of Mortgage Registration: Want a faster, more detailed consultation?

Consult a
specialized attorney

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney ChanWoo JEONG

ChanWoo JEONG

T. 070-5221-2387

Real estate lawyer

Attorney YongTae KIM

YongTae KIM

T. 070-7510-1046

Real estate lawyer

Attorney GaHyun SIM

GaHyun SIM

T. 070-7510-1755

Real estate lawyer

Key Case Studies

View more

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more

Related Case Analysis / Legal Updates

View more

Previous

Lawsuit for Confirmation of Non-Existence of a Parent-Child Relationship | Proving Non-Existence of a Parent-Child Relationship to Correct the Family Relationship

Next

Gunsan Law Firm | Gunsan Law Firm, Plaintiff's Claim Dismissed in a Suit for Revocation of a Fraudulent Act

View list
Quick Menu

Chat