A. The relationship between the deceased and the plaintiffs, the plaintiffs (appointed parties) and the designated parties are the successors of the deceased C (the deceased on March 17, 2001, hereinafter "the deceased"), and they acquired the ownership of each inheritance share among the real estate listed in the separate sheet that was owned by the deceased (hereinafter "each real estate of this case"), due to inheritance.

(However, the transfer of ownership is not completed).B

On July 10, 1987, the defendant, who made a provisional registration and establishment registration of a mortgage of the deceased, lent the sum of KRW 100 million to the deceased on or around April 10, 1988.

After that, on November 10, 1987, the provisional registration of the right to claim ownership transfer against the Defendant as the right holder (hereinafter “the provisional registration of this case”) was completed on September 9, 1989 by the court No. 18842, which was received on September 9, 1989, with respect to each of the instant real property, the registration of creation of a mortgage against the deceased, the deceased, and the mortgagee of the right to collateral security (hereinafter “registration of establishment of a mortgage of this case”), respectively.

[Ground for Recognition] In the absence of dispute, Gap evidence 1 (including paper numbers), Eul evidence 7 (including paper numbers)

2. The plaintiff asserts that the provisional registration of the above right to claim ownership transfer is a provisional registration of security, and the above 100 million won loan obligation against the deceased's defendant is a secured obligation due to the registration of the establishment of a collateral and the establishment of a mortgage of this case. Since the above secured obligation has expired by prescription, the above provisional registration and the registration of the establishment of a collateral security are null and void registration without any cause.

1. First, we examine whether the provisional registration of this case is a provisional registration for security to secure the above loan obligation.

The provisional registration of this case is completed after the deceased borrowed KRW 100 million from the defendant, and the right holder is the defendant. The provisional registration of this case is recognized by considering the descriptions of No. 1 and the whole purport of arguments.