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1. The Plaintiff:
A. As to the real estate listed in the annex 1 to 7, Defendant B:
B. Defendant C is an annex 8.
Reasons
1. Basic facts
A. D purchased the land indicated in the separate sheet (hereinafter “instant land”) and requested the Defendants to borrow money in order to sell the land as an electric housing complex. The Defendants responded to this and, first, decided to register the creation of a neighboring mortgage with the consent of the seller of the instant land in order to secure the loan claim.
B. On June 27, 1996, Defendant B completed the registration of establishment of a mortgage on the instant land with the debtor D and the mortgagee B, and lent money to D around that time.
C. On January 5, 199, Defendant C completed the registration of the establishment of a mortgage on the land No. 2 as indicated in the [Attachment] No. 400, Jan. 5, 199 and lent money to D around that time.
D On June 27, 1997, after completing the registration of ownership transfer in its own name with respect to each of the instant lands, D completed the registration of ownership transfer to the Plaintiff on July 21, 1999.
At that time, the registration of the establishment of the neighboring mortgage of the defendants was not cancelled.
E. Since then, the registration of the establishment of a neighboring mortgage by the Defendants was cancelled and re-registered, and at present, it was stated in the column of “final establishment registration of a neighboring mortgage” as stated in the attached Table.
F. On the other hand, D written statement to the defendant B that he will repay to the defendant B with a maturity of two years on July 10, 2005, and written statement to the same effect as the defendant C on August 21, 2006, and the defendants consented.
【Ground for Recognition: Facts without dispute, the purport of the whole of the separate opinions】
2. Whether the extinctive prescription expires;
A. The Plaintiff and the Defendants asserted that the secured debt of the registration of the establishment of a neighboring mortgage on the instant land is a commercial bond, and thus the registration of the establishment of a neighboring mortgage on the instant land should be cancelled at the lapse of five years. The Defendants asserted that their claims are subject to ten years of extinctive prescription as civil bonds, and have not yet expired.
(b).