(영문) 전주지방법원 2018.11.20 2018가단9106

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(영문) 전주지방법원 2018.11.20 2018가단9106

근저당권설정등기말소

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1. The Defendants shall have the jurisdiction over the shares of G in the area of 3038 square meters, which is one of the 3038 square meters in Jinandong-gun, Jeonan-gun.

Reasons

1. Facts of recognition;

A. G completed the registration of creation of a mortgage (hereinafter “instant collateral security registration”) with respect to G ownership (hereinafter “instant real estate”) out of the area of 3038 square meters, which was owned by the former Jinanan-gun, Jinan-gun, J., and the maximum debt amount of KRW 2.5 million, as of January 30, 1997, with respect to G ownership (hereinafter “instant real estate”).

B. On June 1, 2001, H, the mortgagee of the instant right of collateral security, died with Defendant C, D, and E as his spouse, Defendant B, and his children. Defendant B, on June 30, 2001, filed a report on the recognition of qualification inheritance with the Jeonju District Court 2001Mo225 on June 30, 2001, and filed the report on July 7, 2001.

C. On July 25, 2017, the Plaintiff completed the entire transfer registration on the instant real estate based on a donation made on July 25, 2017.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, the fact that the registration of the right to collateral security in this case was completed on January 30, 1997 is as seen earlier, and the fact that ten years have elapsed since it is apparent from the fact that the right to collateral security in this case was completed on January 30, 1997 is extinguished by the completion of the extinctive prescription, barring any special circumstance.

Therefore, following the death of H, who is the mortgagee of the instant collective security registration, the Defendants inherited his property through qualified acceptance or simple approval, are obligated to implement the procedure for cancellation registration of the instant collective security registration to the Plaintiff, who is the owner of the instant real estate.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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