근저당권말소
1. The Defendants shall pay to the Plaintiff the share of 1/7 shares of 1,530 square meters, among the 1,530 square meters prior to I in Ycheon City, Gwangju District Court Seocheon Branch Office on 193.
1. Facts of recognition;
A. On November 29, 1993, the deceased B (hereinafter “the deceased”) entered into a mortgage agreement with J on KRW 1,530 square meters prior to I, 193 (hereinafter “the instant real estate”) with the maximum debt amount of KRW 9.9 million, and completed the registration of the establishment of a neighboring mortgage as the receipt of the court No. 23049 on the same day.
B. The Deceased died on September 19, 201, and the Defendants inherited the rights and duties of the Deceased at the ratio of 1/7 shares.
C. On October 15, 2015, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate, and acquired its ownership.
[Ground of Recognition] Facts without dispute, entry of Gap evidence 1, purport of the whole pleadings (Defendant B, E, and G by each service, Defendant C, F, and H are deemed as confessions respectively)
2. On November 29, 1993, the Defendants, the secured debt of the instant right to collateral security, as seen above, established to secure a claim against the deceased’s J on November 29, 1993. While the Defendants, the secured debt of the instant right to collateral security, did not assert any other claim on the due date for payment of the claim, barring any special circumstance, the secured debt of the instant right to collateral security should be deemed a claim without setting the due date.
However, the extinctive prescription of a claim without setting the time limit shall run from the time of its establishment. The extinctive prescription of a claim secured by the right to collateral of this case was completed on November 29, 1993 and ten years have elapsed since the establishment of the claim. < Amended by Act No. 6953, Nov. 29, 2003>
As long as the secured claim of the instant right to collateral security has expired by prescription on November 29, 2003, the Defendants are obligated to implement the registration procedure for cancellation of the establishment registration of the instant right to collateral security within the limit of 1/7 shares in each inheritance to the Plaintiff.
3. Conclusion of the Plaintiff’s claim against the Defendants is accepted in entirety.