근저당권설정등기말소
1. The defendant acquisition intervenor shall have jurisdiction over the real estate stated in the attached list to the plaintiff.
1. Basic facts
A. On June 17, 1992, D completed the registration of transfer of ownership with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as “sale on June 2, 1992,” and died on September 12, 201. On March 2, 2015, D, the Plaintiff, as the wife of D, completed the registration of transfer of ownership with respect to the instant real estate as “Succession by consultation and division,” under which the grounds for registration was “as to September 12, 201.”
B. Meanwhile, the defendant loaned D 60,000,000 won on December 26, 2003 and 30,000,000,000 won on January 15, 2004, and 90,000,000 won on January 15, 200, agreed to the interest rate of 4% per month, and the due date for payment on March 26, 2004. To secure this, the defendant completed the registration of establishment of mortgage (hereinafter referred to as the "registration of establishment of mortgage of this case") with the 35th of receipt on January 29, 2004 as to the real estate of this case as the "contract on December 29, 2003", the maximum debt amount is the "17,00,000,000 won", and the registration of establishment of mortgage (hereinafter referred to as the "registration of establishment of mortgage of this case").
C. On April 24, 2015, the Defendant transferred the secured debt of the instant establishment registration to the Defendant’s Intervenor (hereinafter “acquisition Intervenor”) and notified the Plaintiff of the assignment of the secured debt of the instant establishment registration.
In addition, on April 24, 2015, the registration of the instant real estate was completed in addition to the transfer of the instant collateral security to the acquiring intervenor.
[Ground of recognition] Evidence Nos. 1 through 3, Evidence No. 1-1, Testimony No. 1-1, Testimony E, Results of appraiser F’s appraisal, purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The Plaintiff asserts that the period of extinctive prescription has expired with respect to the secured debt of the instant loan establishment registration. As such, the fact that the period of repayment of the instant loan claim, which is the secured debt of the establishment registration of the neighboring mortgage of this case, was agreed on March 26, 2004 is as seen earlier, and the fact that ten years have elapsed thereafter is apparent.
Therefore, unless there are special circumstances.