근저당권말소
1. The defendant shall accept on September 3, 1993 from the Gwangju District Court as to the real estate indicated in the attached real estate indication to the plaintiffs.
1. Basic facts E shall complete the registration of ownership transfer on June 1, 1979 with respect to the real estate indicated in the attachment (hereinafter “instant real estate”).
E, based on the terms of the contract on August 30, 1993, as set out in the Disposition No. 1, as set out in the Disposition No. 1, the Defendant completed the registration of the transfer of the instant mortgage on February 14, 1998 on the ground of the transfer on February 4, 1998, for the following reasons: (a) the obligor G, the maximum debt amount of KRW 100,000,000 (hereinafter “the instant establishment registration”); and (b) the Defendant completed the registration of the establishment of the instant mortgage on February 14, 1998.
E died on October 27, 200, and the Plaintiffs completed the registration of ownership transfer on October 27, 2000 as to each of the instant real estates on October 13, 2005, on the ground of inheritance on October 27, 200.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. The judgment on the cause of the claim is as follows: ① The instant right to collateral security was established in order for G to deal with goods with F Co., Ltd. around 1993; ② the Defendant paid the goods price to F Co., Ltd. and received the instant right to collateral security and the secured claim; thus, the instant right to collateral security is deemed to have arisen before February 14, 1998, which became the registration of transfer of the instant right to collateral security.
Therefore, the secured claim of the right to collateral security of this case was extinguished by prescription on or before February 14, 2003, five years after the right to collateral security of this case was the claim for the purchase of goods. Thus, the right to collateral security of this case also extinguished by the extinction of the secured claim. Unless there are special circumstances, the defendant is obliged to implement the procedure for cancellation registration of the right to collateral security of this case to the plaintiffs, the owner of
B. The judgment of the defendant regarding the defense of this case ① G, the debtor of the secured claim of the right to collateral security of this case, is the case.