근저당권설정등기말소
1. The defendant received on June 8, 1994 from the registration office of the Incheon District Court on real estate stated in the attached list from the plaintiff.
On June 8, 1994, the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) on the real estate listed in the separate sheet (hereinafter “the instant real estate”) on June 8, 1994 with respect to the deceased’s debt by borrowing money from the deceased D (hereinafter “the deceased”). On May 20, 2016, the deceased died on May 20, 2016, F and G, who are the other children except the Defendant, among E and children of the deceased’s spouse, were given up inheritance, and only the Defendant was tried to accept the qualified acceptance on July 14, 2016 by reporting the qualified acceptance of inheritance, may be recognized by taking into account no dispute between the parties or the overall purport of the pleadings in the evidence No. 1.
A security right such as the right to collateral security has expired due to the influent nature of the secured claim, if the secured claim has expired due to the extinction of the prescription, and the mortgagee is obligated to perform the procedure for registration of cancellation of the right to collateral security for the mortgagee. There is no assertion or proof as to the due date of the secured claim for the right to collateral security of this case, and the secured claim of the instant right to collateral security of this case has expired due to the completion of prescription on June 8, 2004, at least ten years after the date on which the right to collateral security of this case was created.
Therefore, the Defendant, the inheritor of the deceased, is obligated to perform the procedure for cancellation registration of the right to collateral security of this case.
Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.