A. On November 21, 1991, J completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage of this case”) established by the debtor, the debtor, the mortgagee and the mortgagee J, with respect to the 9,485 square meters of I forest, G, Gyeong-gun, Gyeong-gun, the Plaintiff, and 17,000,000 won with a maximum debt amount.

B. The J died on March 12, 2002, and the heir of the Defendant B and his children, the wife, are Defendant C, D, E, F, G, and H.

[Reasons for Recognition] Defendant D: Each entry in Gap evidence Nos. 1 through 4, the purport of the whole pleadings, and defendant B, C, E, F, G, and H: Article 150(3) of the Civil Procedure Act (a) (a judgment by the deeming of confession)

2. According to the facts of the above recognition, in the instant case where the establishment registration of the mortgage of this case was conducted on November 21, 1991, and the time for repayment of the secured debt is not known, it is reasonable to view that the period of extinctive prescription is expired from that time on the ground that the secured debt of this case was due to the occurrence of the time of registration. It is apparent that the period of ten years or more has elapsed from that time.

Accordingly, Defendant B, the heir of J, is obligated to implement the procedure for cancellation of each of 2/15 shares in relation to Defendant C, D, E, F, G, and H with respect to each of 2/15 shares out of the registration of creation of a neighboring mortgage of this case.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.