근저당권말소
1. The Plaintiff: (a) forest H 95,901 square meters in Gyeongnam-gun, Gyeongnam-gun; (b)
A. As to the share 1/20 in Defendant G:
B. Defendant C shall be 3/220.
1. Indication of claim;
A. On August 21, 191, Nonparty I, J, K, L, and M completed the registration of the establishment of a collateral for the real estate as indicated in the Disposition No. 1 (hereinafter “instant real estate”) on August 21, 1991, with the maximum debt amount of KRW 400 million, and the debtor Hansan Construction Co., Ltd. (hereinafter “Nonindicted Company”).
(hereinafter “instant collateral security”). B.
On April 23, 2013, the Plaintiff completed the registration of ownership transfer on the instant real estate.
C. I, J, K, L, and M completed the registration of the establishment of a neighboring establishment with respect to three parcels, other than 7,835 square meters, located in Geum-gu, Busan. On June 21, 1993, the said four parcels were sold in a voluntary auction procedure, and the distribution was made around that time.
L was Nonparty O, P, Q, and R as his child, and P died on June 24, 1979, and O on September 22, 2006.
E. On October 25, 2010, L died with Q, R as bereaved family members, and with the Defendant C, D, E, E, F, as the wife of the networkO, Defendant C, and the person who was the deceased as the deceased heir, and the deceased as the deceased heir.
As a result, Q, R and Defendant G respectively inherited 1/20 shares (L 1/5 shares x 1/4) among the instant collateral security, and 3/220 shares (L 1/5 shares x 1/4 x 3/11) of Defendant C, Defendant B, D, E, and F respectively, 2/220 shares (L 1/5 x 1/4 x 2/11).
F. The secured debt of this case was extinguished by the completion of extinctive prescription around 2003, when 10 years have elapsed since the completion of the distribution of the auction procedure on the fourth parcel located in Busan.
G. In Busan District Court Decision 2016Da330305 decided on November 4, 2016, which filed by the Plaintiff against Q and R, claiming the extinction of the instant collateral security right on the ground of the extinction of prescription of the secured obligation, the said court rendered a ruling of recommending reconciliation by November 4, 2016, stating that “ Q and R, etc. implement the procedure for registration of cancellation of the registration of cancellation of the establishment of a collateral security right as stated in the Disposition 1, which was completed regarding the instant real estate.” The said ruling of recommending reconciliation was finalized around that time.
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