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1. The Plaintiff, among the real estate listed in the attached list
(a) As to Defendant B’s 3/15 shares:
(b) Defendant C, D, E, F, G;
Reasons
1. On July 21, 1993, with respect to the real estate listed in the separate list owned by the Plaintiff (hereinafter “instant real estate”), the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) was completed on July 21, 1993, including the maximum debt amount of KRW 26 million, and the order with the Plaintiff as the obligor.
After that, on December 12, 1998, the supplementary registration of the transfer of the right to collateral security was completed in the name of I with respect to the right to collateral security of this case on December 9, 1998.
I (hereinafter referred to as “the deceased”) died on October 1, 2001, and as his inheritor, Defendant D, E, F, G, and H, the spouse of Defendant B and his children, and Defendant C also succeeded to the deceased’s father (the deceased’s death on March 2, 1990).
[Based on recognition] Defendant B, C, F, G, and H: Each deemed confession (Article 150(3) of the Civil Procedure Act) and Defendant D, and E: The absence of dispute, entry of evidence No. 1, and the purport of the whole pleadings
2. On March 2000, the Plaintiff’s summary of the Plaintiff’s assertion fully repaid to the Deceased the secured obligation of the instant collateral security.
In addition, the secured obligation of the instant right to collateral security was extinguished by the completion of ten years of prescription.
Therefore, it is necessary to seek the cancellation of the registration of the establishment of the neighboring establishment of the instant case against the Defendants, the inheritor of the deceased.
3. Determination
A. Each confession as to Defendant B, C, F, G, and H (Article 150(3) of the Civil Procedure Act)
B. Since there is no evidence to acknowledge the Plaintiff’s assertion of repayment against Defendant D and E, this part of the Plaintiff’s assertion is without merit.
(2) When a claim secured by a mortgage is extinguished due to the completion of prescription or any other cause, the mortgage shall also be extinguished in accordance with the principle of influence.
(Article 369 of the Civil Code) In addition, the supplementary registration by transfer of a right to collateral security is not only to specify the succession of the right by the registration of creation of existing collateral security in the register, but also to the extent that the new right is not created by the registration.