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1. The defendant
A. Attached list to the plaintiffs
1. The Seoul Eastern District Court with respect to one-fifth share of the land to be entered;
Reasons
1. Basic facts
A. The Plaintiffs and the Defendant are F’s children, and F’s death on June 13, 2005, as co-inheritors, completed the registration of ownership transfer for each of 1/5 shares of each of the real estate listed in the separate sheet owned by F on October 7, 2015 (hereinafter “instant real estate”).
B. As to the instant real estate, the Seoul Eastern District Court (Seoul Eastern District Court No. 26541, May 21, 1998, received on the ground of the contract to establish the mortgage on May 18, 1998, the establishment registration of the collateral security (hereinafter “registration of the instant mortgage”).
C. D A Schedule to G on February 22, 2016
2. The shares in the ownership of the indicated building (hereinafter “instant building”) were sold to G on the 23th of the same month, and the registration of ownership transfer with respect to 1/5 shares of the instant building was completed to G on the 23th of the same month.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 8, the purport of the whole pleadings.
2. The parties' assertion and judgment
A. (1) The registration of the instant right to collateral security in the Plaintiffs’ assertion is null and void since the Defendant forged documents or set up as an unauthorized agent despite the absence of the secured claim. Even if the secured claim for household debt exists, the extinctive prescription expired after the lapse of 10 years from June 13, 2005 when the debtor F died.
Therefore, the defendant should cancel the registration of the right to collateral security of this case with respect to the plaintiffs' share in the real estate of this case.
(2) The Defendant’s assertion that the instant real estate was established between the deceased F and KRW 151,00,000, such as the cost of construction, as the secured claim, and completed the instant mortgage registration.
Meanwhile, when the Plaintiffs and the Defendant gathered at the Plaintiff’s office on July 25, 2015, the Plaintiff’s payment of KRW 100 million to the Defendant as the Plaintiff’s means to the Defendant, and the registration of the instant right to collateral security was cancelled.