근저당권설정등기말소 등 절차이행
1. The defendant brought an all-round indictment of Jeonju District Court on November 24, 1995 against the plaintiffs with respect to the area of 116 square meters in Busan Metropolitan City E-gu, Jeonju-si.
1. Facts of recognition;
A. Plaintiff A is the husband of the net F (the deceased on October 18, 2010, hereinafter “the deceased”) and Plaintiff B and C are the children of Plaintiff A and the deceased.
B. On November 24, 1995, the Deceased completed the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) and superficies (hereinafter “instant superficies”) on the ground of the contract on November 23, 1995 with respect to the land size of 116 square meters (hereinafter “the instant real property”).
C. As to the instant real estate on May 11, 2016, the registration of ownership transfer was completed in the names of the Plaintiffs (3/7 shares in Plaintiff A and 2/7 shares in Plaintiff B and Plaintiff C) on the grounds of inheritance on the deceased’s death date.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, the purport of the whole pleadings
2. The party's assertion and judgment as to it
A. On November 23, 1995, the deceased claimed in the plaintiffs' assertion 1) around December 23, 1995, the deceased borrowed the due date of payment from the defendant as of December 23, 1995, the amount of KRW 30 million with a one-year prior interest rate of KRW 1,00,000,000, and completed the registration of establishment of the right to collateral security in order to secure the defendant. The registration of creation of the right to collateral security in this case was completed for the purpose of preventing the reduction of the value of collateral security in this case due to the establishment of the right to benefit after the rent on the real estate in this case or the construction of a building or a structure. Since the obligation to obtain the registration of establishment of the right to collateral security in this case and superficies has expired after the expiration of 10 years from the due date, the defendant should implement the registration procedure of cancellation of the right to collateral security in this case against the plaintiffs on November 23, 1995.