Supreme Court Second Petty Bench Decision of November 10, 1995, 49 Minshu 4-2953, 1553 Hanji 75, 897 Hanta 243. The Court affirmed a lower court’s refusal to allow a creditor’s removal from the title registry of a hypothec security interest in real property assigned to the creditor as security for the landowner’s obligations . The creditor had required the landowner, acting as a secured guarantor for another’s obligation, to transfer title in the property to the creditor’s name as security for the landowner’s guaranty obligations. The creditor subsequently sought to purge a previous hypothec interest in the property by tendering the amount of the debt to the hypothecator. The Court found that, pursuant to Civil Code Article 378, that the creditor could not remove the hypothec interest as it was not a third party acquiring the property as is required by the statute.