저당권말소
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
The main claim and the counterclaim shall be judged together.
1. Basic facts
A. As to the real estate listed in the separate sheet No. 1, the registration of ownership transfer was completed on July 30, 1986 under the name of October 30, 1986, and the registration of ownership transfer was completed on July 30, 1986. The registration of ownership transfer was completed on April 20, 199 in the name of E on April 29, 199, and the registration of ownership transfer was completed on July 15, 2003 under the name of F on July 10, 2003.
B. The registration of ownership preservation was completed in the name of March 4, 1996 with respect to the real estate listed in the separate sheet No. 2, and the registration of ownership transfer was completed in the name of April 29, 1999 under E on April 20, 199, and the registration of ownership transfer was completed in the name of F on July 15, 2003 under the name of F on July 10, 2003.
(hereinafter, each real estate listed in the separate sheet is referred to as “each of the instant real estate”).
With respect to each real estate of this case, the registration of establishment of a mortgage for each of the real estate of this case was completed at the Gangseo-gu District Court of Gwangju on February 5, 2004, the amount of 70,000,000 won due to the contract on September 25, 2002, and the due date for payment of 3 February 2005, 2005, interest not accrued, debtor F, and mortgagee as the defendant.
(hereinafter referred to as “instant mortgage”) D.
The F died on January 30, 2011 (hereinafter “The F”) and on February 23, 2015, the registration of transfer of the Plaintiffs’ ownership was terminated on January 30, 201 with respect to each of the instant real estates on January 30, 2011.
(However, this was completed by G, who is the mortgagee of each real estate of this case, on behalf of the plaintiffs in order to file an application for a voluntary auction of each of the real estate of this case). 【Ground of recognition】 Facts without any dispute, entry of Gap Nos. 1 and 2 (which includes a serial number; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Determination on the main claim
A. The summary of the party's assertion 1 The secured claim of the plaintiffs of this case is the defendant's claim against the deceased F, and on February 3, 2005, the due date for payment.