근저당권말소
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2...
1. Basic facts
A. The registration of ownership transfer was completed on July 9, 1965 with respect to each parcel of land listed in the separate sheet (hereinafter “instant land”). On July 1, 1993, the registration of establishment of a neighboring mortgage with the debtor H, the mortgagee I, the maximum debt amount, and the maximum debt amount KRW 50 million was completed.
On December 8, 1997, the supplementary registration of the transfer of the right to collateral security was completed on October 28, 1997 on the ground of the transfer of the right to collateral security in the name of J on the ground of the transfer of the contract dated October 28, 1997.
B. H died on September 4, 2017, and Plaintiff A’s wife and the rest of the Plaintiffs are H’s children.
C. The J died on May 18, 2015, and the deceased E is the wife of the J, and the Defendants are the children of the J.
On April 11, 2019, E had died during the instant lawsuit, and the Defendants taken over the instant lawsuit.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including virtual number), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiffs' assertion that H sold this case's land to K on March 31, 1993. Since J acquired the status of purchaser from K, the plaintiffs, the heir of H, are obligated to implement the procedure for the registration of ownership transfer due to the sale of this case's land in proportion to their shares of inheritance, and the defendants are obligated to take over the procedure.
The Defendants asserted the completion of the prescriptive acquisition as of August 29, 2017 by denying the conclusion of the sales contract, but it is difficult to view that J occupied the instant land from August 29, 197, and thus, the prescriptive acquisition has not been completed.
B. Although the Defendants’ assertion did not have purchased the instant land from H, the Defendants continued to possess the instant land from around August 29, 197 with the intent of possession as owned by H, and continued to occupy the instant land through the mediating of lease. After the death of the J, the Defendants, the inheritor, succeeded to the relevant possession on August 29, 2017, and the statute of limitations for the acquisition of possession was completed.
Therefore, the Plaintiffs completed the prescriptive acquisition in accordance with their respective shares of inheritance.