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

Purport of claim and appeal

1..

A. The Plaintiff is a person who completed the registration of transfer of ownership on March 24, 1980, with respect to G Dae-gu 255 square meters (hereinafter “instant land”).

B. In order to secure the security of the cost of goods to be borne by H who operated the fishery products distribution business, the Plaintiff completed the instant mortgage contract with the Chuncheon District Court No. 2971, May 12, 1987, which was received on May 12, 1987, (1) as the ground for registration, (2) as the receipt of 2972 on May 12, 1987, the establishment registration of a neighboring mortgage contract, which is the maximum debt amount of 8,00,000, as the ground for registration, and (3) as the registration office of Chuncheon District Court No. 2972, May 12, 1987, (2) as the registration office of Chuncheon District Court No. 2972, May 12, 1987, the establishment registration of a mortgage contract was completed to H as the basis for registration.

C. H died on September 20, 2010 (hereinafter “the deceased”), and its inheritors are Defendant C, D, E, and F, the spouse of the Defendant B and his/her children.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of action

A. On May 12, 2017, the Plaintiff asserted that each of the instant mortgages was established against the Deceased for the purpose of securing the Deceased’s obligation to pay for the goods worth KRW 15,000,000,000. However, on December 12, 1987, the Plaintiff extinguished the secured obligation by paying the price for the goods in full, or even if the price for the goods was not fully paid, the extinctive prescription expires because the secured obligation was not exercised for three years. Thus, the Defendants, the deceased’s heir, are liable to cancel the registration of each of the instant mortgages to the Plaintiff.

B. On the other hand, there is no evidence to acknowledge that the Plaintiff repaid the deceased the secured obligation of each of the instant collateral, but on the other hand, the fact that three years (Article 163 subparag. 6 of the Civil Act) or ten years (Article 162 of the Civil Act) have passed since each of the instant collateral security was registered.