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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D completed the registration of ownership transfer as No. 4592 on November 8, 1988, received on the ground of sale on December 2, 1986.
B. As to the instant real estate, the Defendant completed the registration of the establishment of a mortgage on the instant real estate by reason of a contract concluded on November 17, 198, No. 47212, Nov. 16, 198, which was received on November 16, 198, including the maximum debt amount of KRW 9,900,000 and the debtor D.
(hereinafter “instant collateral security”). C.
On February 22, 1989, the defendant completed the provisional registration of the right to claim a transfer of ownership on the ground of the trade reservation on February 18, 1989, from No. 5370 received on February 22, 1989.
(hereinafter “The provisional registration of this case”). The contract for sales reservation, which is the cause of the provisional registration of this case, stipulates that the real estate of this case shall be sold at the price of 6 million won, and the date of completion of the sale, shall be March 18, 1989, and five million won shall be paid as the deposit money of the reservation and deducted from the price.
After D’s death, the Plaintiff, who is a child, completed the registration of ownership transfer on the instant real estate by inheritance as the receipt No. 56823, Jun. 12, 2003, No. 56823, Dec. 20, 2002.
[Ground of recognition] Evidence No. 1, No. 3, and the purport of the whole pleadings
2. The parties' assertion
A. The provisional registration of this case must be cancelled after the exclusion period of 10 years has elapsed.
The extinctive prescription of the secured obligation of the instant right to collateral security also has expired, and thus, the instant right to collateral security should also be cancelled.
B. The Defendant’s husband E has completed the provisional registration of this case and the registration of the establishment of a neighboring mortgage in order to secure the trust of only the name of D, who is a private village, for the mother of the child’s origin in the real estate of this case.
3. The purport of the entire pleadings shall be stated in each of the statements and images set forth in subparagraphs 1 through 3 above.