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1. The Defendants’ respective real estate indicated in the separate sheet with respect to each share of 19/152 to the Plaintiff.
Reasons
1. Basic facts
A. As to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”), the former District Court: (a) rendered the registration of establishment of a mortgage in the name of K, the debtor J, the maximum debt amount of which is KRW 9,000,000, based on the establishment of a mortgage in the same day contract under the name of K, which was received on April 30, 1990 by the former District Court No. 8119, April 30, 1990; and (b) completed the registration of establishment of a mortgage in the name of K, the debtor J, and the maximum debt amount of which is KRW 9,000,000,000 (hereinafter “each of the instant collateral”).
B. The Plaintiff purchased each of the instant real estate from J on May 15, 1992 and completed the registration of ownership transfer on the 18th of the same month.
C. Meanwhile, after the death of K around November 5, 1994, the Defendants and wife, who died and succeeded to the property of K, and L has died on January 27, 1995, and the Defendants inherited L’ property and finally, the Defendants’ inheritance shares in each of the instant mortgages are 19/152, respectively.
[Reasons for Recognition] Facts without dispute, Gap 1 to 12 evidence (including each number if there are additional numbers), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s claim on each of the instant secured claims is extinguished due to the completion of prescription of ten years from April 30, 1990, the lease date, and thus, the registration of establishment of each of the instant secured claims should be cancelled.
B. The secured claim of each of the instant claims by the Defendants was not extinguished by prescription.
3. The burden of proving whether there was a legal act establishing the claim secured by the right to collateral security exists (see, e.g., Supreme Court Decision 2009Da72070, Dec. 24, 2009). Even if each of the instant claims secured by the right to collateral security exists, there is no evidence proving that the repayment period has been separately set, and therefore, it is possible to exercise the claim from the date of establishment of the right to collateral security.