A. On August 31, 1993, E completed the registration of the establishment of a neighboring mortgage (hereinafter “instant collateral security”) under the former District Court’s indictment on the 4,433 square meters in Jeonju-gun, Jeonju-gun (hereinafter “the land before subdivision”). On August 27, 2008, E completed the registration of the establishment of a neighboring mortgage (hereinafter “instant collateral security”) with regard to the said land as “the maximum amount of claims KRW 70 million, the debtor, and the mortgagee F,” and on August 27, 2008, the said land was divided into D Dae-gun, Jeonju-gun, Jeonju-gun (hereinafter “instant land”) and G large 1,652 square meters in size (hereinafter “G land”).

B. F was unable to obtain payment from E of the secured obligation of the instant right to collateral security, and the F filed an application for voluntary auction with the Jeonju District Court H on the land prior to the split-off based on the instant right to collateral security, and received a decision on commencing auction on September 30, 1995, and the entry registration was completed on September 30, 1995 on September 30, 1995 by the Jeonju District Court No. 7832.

C. Since then, on December 12, 1995, the above Jeonju District Court’s application for voluntary auction was final and conclusive as of December 12, 1995, and the entry registration of the decision to commence auction as to the land of this case was not cancelled.

The Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff on October 6, 2008 with respect to G land, which became a joint security due to division, and on January 11, 201, cancelled the instant right to collateral security on November 24, 201 with a final and conclusive judgment on November 24, 2010. On January 19, 2011, the Plaintiff also cancelled the registration of entry in the decision on commencement of auction as stated in the said Paragraph (b).

E. The Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on August 13, 2019 regarding the instant land. The Defendants are F Co-inheritors who died on February 4, 2012.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 4 evidence, purport of the whole pleadings

2. The assertion and judgment

A. Even if the secured claim of the instant right to collateral was extinguished upon repayment, the period of extinctive prescription of the secured claim of the instant right to collateral has expired, and thus, it is the mortgagee of the instant right to collateral security.