근저당권말소
1. As to the Plaintiff, with respect to H 3,013 square meters of forest land in Ansan-gu, Ansan-si:
A. Defendant B is the Suwon District Court’s Ansan Branch.
1. Basic facts
A. On August 28, 2007, the Plaintiff purchased the land specified in Paragraph 1 of the Disposition (hereinafter “instant land”) from K, and completed the registration of ownership transfer.
B. On the other hand, K is ordered to Defendant B.
B. Disposition No. 1.B against the right to collateral security (hereinafter “instant right to collateral security”) and L
(2) Disposition No. 1.C against the right to collateral security (hereinafter referred to as the “mortgage”) and M.
The registration of establishment of the right to collateral security (hereinafter referred to as the “mortgage”) was completed.
C. L died on March 18, 2002, and there was Defendant D, Defendant E, F, and G, who is the inheritor.
M The deceased on December 8, 2001, and the heir is the deceased on December 8, 2001, and there is an heir I, the Appointee C (Appointed Party) (hereinafter “Defendant C”) and the Appointor J.
【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. According to the facts of the above recognition as to the cause of the claim, even though Defendant B, the deceased L, and the deceased M completed the registration of the establishment of the right to collateral security as stated in the Disposition No. 1 of 1993 from 1993 to 1995, they and their successors did not claim or exercise other rights as to the secured obligation of each of the above right to collateral security until the date of the closing of argument of this case for which twenty years have passed since
Therefore, barring any other circumstances, since each of the instant collateral security obligations has expired by prescription, Defendant B is obligated to perform the registration procedure for cancellation of the instant share, i.e., the instant collateral security obligation, ii) the shares of Defendant D 3/9 with respect to the instant collateral security, ii) the shares of Defendant E, F, and G with respect to the instant collateral security, and 3/7 shares, i.e., the designated parties with respect to the instant collateral security, and 2/7 shares, respectively.
3. Determination as to Defendant C’s assertion
A. The summary of the Defendant C’s assertion that Defendant C et al. did not inform the deceased M of the instant collective security right at all before birth, and K did not know of the existence of the instant collective security right, on October 2008.