1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On July 7, 1989, the deceased L (Death on May 23, 200) set up a collateral security (hereinafter “instant collateral security”) with respect to the real estate recorded in the attached list (hereinafter “instant real estate”) against the deceased M (Death on December 12, 1996) as KRW 31,00,000 with respect to the attached list (hereinafter “instant real estate”).

B. The Plaintiff (Withdrawal) purchased the instant real estate from the deceased L around 1991 and paid the price in full, and trusted the name on the ownership of the said real estate to the deceased L.

C. On September 9, 1997, the registration of transfer of ownership in the name of the plaintiff (ex officio) was completed due to the cancellation of title trust with respect to the instant real estate.

On February 26, 2017, after the filing of the instant lawsuit, the registration of ownership transfer was completed in the name of the Plaintiff’s succeeding intervenor (hereinafter “Plaintiff”) on the ground of sale and purchase of the instant real estate.

E. Meanwhile, the deceased M was composed of the co-defendant B, the deceasedO (Death on December 12, 1989), the co-defendant D, E, F and the defendant in the first instance trial, who are children between the wife N (Death on August 22, 2009) and the deceased, and the deceased co-defendant C, the wife of the deceased P, I and J as the co-defendant C, the children of the first instance trial, and the deceased as the heir of the deceasedO.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 10, 12 evidence (including branch numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the prescription period has expired since the secured claim of the instant right to collateral security was over ten years.

Inasmuch as there is no assertion or evidence by the Defendant regarding the period for repayment of the secured claim of the instant right to collateral security, it is reasonable to view that the secured claim is extinctive prescription of a claim without setting the period.

Therefore, the claim secured by the right to collateral security of this case, which appears to be the date of its establishment, shall proceed with the extinctive prescription from July 6, 1989, which appears to be the date of conclusion of the contract to collateral security of this case, and 10 years from the date of conclusion of the contract as of the date