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1. The Defendants shall enter the Plaintiff in the attached list of inheritance shares in attached Form 3 among each real estate listed in the attached list No. 1.
Reasons
1. Determination as to the cause of claim
A. 1) Each real estate listed in the separate sheet No. 1 that was owned by G (hereinafter “each of the instant real estate”)
(2) On April 23, 1986, the registration of the establishment of a neighboring mortgage (hereinafter “instant secured mortgage”) with respect to the obligor H, the mortgagee I, the maximum debt amount of KRW 9,900,000, not the original district court, and the registry office (hereinafter “instant secured mortgage”).
(2) On April 1, 2010, the Plaintiff was donated each of the instant real estate from G, and completed the registration of ownership transfer on April 5, 2010 as the receipt No. 5716 of the Changwon District Court.
3) Meanwhile, upon the death of July 28, 1987, I, the mortgagee B, and the Defendants, their wife, succeeded to I’s property according to each inheritance ratio indicated in the attached Table 2 List of Inheritance Shares in Attached Table 2. Since the deceased on February 28, 2015 when the deceased on February 28, 2015 during the lawsuit of this case, the Defendants succeeded to B’s property. Accordingly, the Defendants’ final inheritance shares are identical to each inheritance ratio listed in the attached Table 3 List of Inheritance Shares (hereinafter “each inheritance ratio”).
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 through 10 (each entry, including each number, the purport of the whole pleadings)
B. According to the facts of the above recognition, the secured debt of the instant right to collateral security was extinguished retroactively to the initial date by the completion of the extinctive prescription on April 23, 1996, which was ten years after April 23, 1986, which was the date on which the establishment registration of the instant right to collateral security was completed, unless there are other special circumstances.
Accordingly, the right to collateral security of this case was also extinguished.
Therefore, the defendants are obligated to perform the procedure for cancellation registration of the right to collateral security of this case as to the inheritance ratio of this case among each real estate of this case to the plaintiff who is the owner of each real estate of this case.
2. Determination as to the defendants' defense
A. The summary of the Defendants’ defense is as follows: (a) around July 2014, J, the Plaintiff’s death relationship, to Defendant C.