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1. As to the Plaintiff with respect to the amount of no more than 7.6m2 in Nam-gu, Gwangju Metropolitan City:
A. Defendant B shall receive on March 16, 1994 from the registry office of the Gwangju District Court.
Reasons
1. Indication of claim;
A. As to the land of this case owned by K (hereinafter “instant land”), the establishment registration of a mortgage was completed with respect to (i) the debtor K, mortgagee L, maximum debt amount, 25,000,000 won (hereinafter “mortgage No. 1”) under the Act No. 1077 of March 16, 1994 by the registration office of the Gwangju District Court, and (ii) the debtor K (name M in the registry), N, the maximum debt amount, 120,000,000 won (hereinafter “mortgage No. 2”).
B. As to the instant land, the Plaintiff completed the registration of ownership transfer on June 15, 2015 due to the sale as of November 15, 2014, based on a final and conclusive judgment on the claim for sale of real estate by the Gwangju District Court 2014Da34497.
C. Meanwhile, Defendant B received the instant mortgage transfer No. 1 on June 28, 1995 due to the transfer of the right to collateral security by agreement and inheritance by division.O received the instant collateral security transfer No. 2 on the ground of the transfer on December 2, 1994.O died on March 28, 2004 and succeeded to Defendant D (3/13 shares), Defendant E, F, G, H, and I (2/13 shares, respectively)’s property.
The above L/N secured by the registration of creation of a new mortgage Nos. 1 and 2 of this case at least before March 16, 2004 and March 17, 2004, it is deemed that at least before the due date arrives and the ten-year statute of limitations has expired on March 16, 2014 and March 17, 2014, for which the ten-year statute of limitations expired.
E. Therefore, the Defendants, who were transferred L/N’s instant 1 and 2, respectively, are obligated to implement the registration procedure for cancellation of the establishment registration of each of the instant land to the Plaintiff.
2. Applicable legal provisions: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act) (Article 208 (3) of the Civil Procedure Act). The defendants are deemed to have been led to confession (Article 208 (3) 2 of the Civil Procedure Act