A. On November 28, 1996, the Plaintiff borrowed five million won from D (hereinafter referred to as "debted amount", and on November 29, 1996, in order to secure the payment of the borrowed amount, the Plaintiff made a registration of creation of the right to collateral security (hereinafter referred to as "right to collateral security (hereinafter referred to as "right to collateral security of this case") as stated in D with the maximum amount of claims KRW 7.5 million with respect to the real estate stated in D (hereinafter referred to as "right to collateral security of this case"), the obligor, and the mortgagee, designated as D, and made a registration of creation of superficies (hereinafter referred to as "right to collateral security of this case") as described in D with respect to the real estate of this case from November 28, 1996 to 30,000 with superficies as stated in D with the duration of the right to collateral security (hereinafter referred to as "right to collateral security of this case").

B. D A person who was a mortgagee of the instant case died on January 27, 2015, and his/her property was inherited to the Defendant, who is a child.

(c)

On December 6, 2019, the Plaintiff filed on November 26, 2019 for the registration of transfer of ownership to E on the instant real estate on the grounds of sale.

[Ground for recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, it is apparent that the deceased D’s claim of this case was established on November 28, 1996 and the ten-year statute of limitations has lapsed (the defendant asserted that the period of repayment of secured claims is March 1, 1997, and it is apparent that the ten-year statute of limitations has expired as in the starting point of the statute of limitations expired). Accordingly, the superficies of this case also expired due to the influence of secured claims.

B. Therefore, the Defendant, who is the heir of the network D, is liable to implement each registration procedure of the instant right to collateral security and superficies regarding the instant real estate to the Plaintiff, who is the mortgagee of the right to collateral security, unless there is any particular reason to suspend prescription

3. Judgment on the defendant's assertion

A. First, the defendant is deceased by the plaintiff.