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1. Each real estate recorded in the separate sheet is completed on May 28, 1991 by the Ulsan District Court (Seoul District Court) No. 9214.
Reasons
1. Basic facts
A. H and I completed the registration of establishment of a mortgage (joint security, hereinafter collectively referred to as the “mortgage of this case or the “registration of establishment of a mortgage of this case”) with respect to each real estate listed in the separate sheet (hereinafter collectively referred to as the “each real estate of this case”) with the Ulsan District Court No. 9214, May 28, 1991, which was received on May 27, 1991, the maximum debt amount of which is KRW 30 million, the debtor J, the mortgagee of the right to collateral security, H, and I, due to the contract establishing a mortgage as of May 27, 191.
B. The plaintiff on March 12, 1999 as to each of the instant real property
2.11.Completion of each registration of ownership transfer by reason of sale.
C. On June 4, 2010, H died (hereinafter “H”), and Defendant C and D, the spouse of the network H, jointly inherited the network H in proportion to their respective inheritance shares.
On August 28, 2014, I died (hereinafter referred to as "the deceased I"), and Defendant E and Defendant G inherited the deceased I in proportion to their respective inheritance shares.
[Ground of recognition] With respect to Defendant B, C, and D: The description of Article 150(3) and (1) (i) of the Civil Procedure Act as to Defendant E and G: The purport of the whole pleadings and arguments as to the evidence of Nos. 1 through 3 (including paper numbers; hereinafter the same shall apply)
2. Determination
A. As seen earlier, the registration of the establishment of a collateral in the nearest mortgage of this case was completed on May 28, 191. Unless there is any assertion or proof that the repayment period of the secured debt of this case was not clear but that the secured debt of this case was fixed separately, it is reasonable to view that the secured debt of this case was run at least from the completion date of the registration of the establishment of a collateral in the nearest mortgage of this case. It is apparent in the record that the lawsuit of this case was filed more than 10 years after the establishment of a collateral in the nearest mortgage of this case. Thus, the secured debt of this case against H and LI was already extinguished by the extinctive prescription, and the secured mortgage of this case was also extinguished according to its subsidiary nature.
I would like to say.
(b) against this;