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1. The Defendants are the vice-branch registry office of the Daegu District Court with respect to the Plaintiff with respect to the size of 1,525 square meters in the 1,525 square meters in the Gyeongbuk-gun, Chungcheongnam-gun.
Reasons
1. The fact of recognition L borrowed KRW 12 million from M on November 5, 1992, and on November 6, 1992, L created a collateral security (hereinafter “instant collateral security”) with respect to four parcels, including the sum of 1,525 square meters (hereinafter “instant land”) prior to K in Sung-gun, Sung-gun, Sung-gun, Gyeong-gun, Gyeongbuk-gun, and the maximum amount of debt was KRW 12 million.
On February 26, 1993, the Plaintiff acquired the ownership of the instant land.
M, on October 14, 2002, applied for a voluntary auction on the fourth parcel of land, etc. based on the instant right to collateral security, but withdrawn the application for a voluntary auction on the instant parcel on April 22, 2003. In the auction procedure on the remaining three parcels, M acquired its ownership by means of a voluntary auction on July 23, 2003.
After that, M died, and the Defendants inherited M.
[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3
2. The Plaintiff, who acquired real estate on which the establishment registration of a mortgage was completed and completed the registration of ownership transfer, may invoke extinctive prescription as to the secured claim, as a person who obtains direct benefit from the extinction of the secured claim of the instant right to collateral (see Supreme Court Decision 95Da12446, Jul. 11, 1995). It is obvious that M exercised the secured claim of the instant right to collateral of collateral of this case and ten-year extinctive prescription has lapsed from the date on which the auction procedure was closed. Thus, the Defendants are obliged to implement the procedure for the cancellation registration of the instant secured claim on the ground that the secured
3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.