1. The Defendant (Counterclaim Plaintiff) shall have the Cheongju District Court as to each real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant).

1. Basic facts

A. On May 8, 1990, the Defendant purchased 550 square meters from the deceased father C, which was owned by the Plaintiff, on behalf of the Plaintiff, from the deceased father C, and completed the registration of ownership transfer in the name of the Defendant on the 16th of the same month.

B. On May 10, 1990, the Defendant concluded a mortgage agreement with the Deceased who represented the Plaintiff on each real estate indicated in the separate sheet, which was owned by the Plaintiff (hereinafter “instant real estate”). On the 14th of the same month, the Defendant completed the registration of creation of a neighboring mortgage (hereinafter “registration of collateral security”).

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2 (including Gazy number), Eul evidence 1 to 6

2. The assertion and judgment as to the principal lawsuit

A. The Defendant is obligated to cancel the registration of the instant collateral security given that there is no secured claim in the registration of the instant collateral security.

② Since the prescription of the secured claim in the registration of the instant collateral security has expired, the Defendant is obligated to cancel the registration of the instant collateral security.

③ In around 1991, the Deceased repaid all borrowed money, which is the secured debt in the registration of the instant collateral security, to the Defendant’s agent’s name, and the Defendant is obligated to cancel the registration of the instant collateral security.

B. Determination ① In full view of the statements in the evidence Nos. 1 through 6 and witness E’s testimony, the defendant purchased the real estate and F’s land at KRW 15 million on May 8, 1990. However, since the real estate of this case was transferred and confirmed by its land category, the qualification certificate for acquisition of farmland is necessary to complete the registration of ownership transfer under the defendant’s name. However, the defendant did not satisfy the qualification certificate. Thus, the defendant completed the registration of ownership transfer only for F’s land. As to the real estate of this case, the defendant entered into a mortgage contract on May 10, 190, and completed the registration of ownership transfer under the defendant’s name.