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1. The defendant shall receive on March 20, 1996 from the plaintiff the Ulsan District Court Yangsan registry office with respect to the amount of 174 square meters in Yangsan-si.
Reasons
1. Determination as to the cause of claim
A. The following facts can be acknowledged according to the purport of Gap evidence No. 1, Gap evidence No. 3-2, and Eul evidence No. 1 and the whole pleadings.
(1) The land of this case (hereinafter “instant land”) is the remaining land remaining after partitioning 393 square meters, which is the land prior to the division, are divided into D 219 square meters into the land prior to the division.
(2) On December 23, 200, the Plaintiff is the owner of the land at issue, which completed the registration of ownership transfer in the future of the Plaintiff on June 1, 2010, on the ground of inheritance by consultation and division (the decedent E) as to the instant land.
(3) As to the land of this case, the establishment registration of a mortgage (hereinafter “mortgage registration of this case”) was completed on March 19, 1996, under the Act No. 7690, which was received on March 20, 1996, between Ulsan District Court, Yangsan District Court, Yangsan Branch Office, and the 13 million maximum debt amount, the debtor E-mortgage, and the F-mortgage.
(4) On July 31, 2006, F, the mortgagee of the instant right to collateral security, died on the part of the heir, G, and H, the wife of the Defendant, his children, G, and H, G, and H, reported to waive F’s inheritance under the Busan District Court Family Branch Order 2006Ra2699.
B. Since it is apparent from the 10th anniversary of the registration date of the instant right to collateral security, the said right to collateral security expired by prescription, barring any special circumstance.
As long as the secured debt has been extinguished, the collateral security established to secure it also has expired.
I would like to say.
Therefore, the Defendant, the heir of F, is obligated to implement the procedure for cancellation registration of the instant mortgage registration to the Plaintiff, the owner of the instant land.
2. The defendant's assertion and the judgment thereon
A. The Defendant’s assertion that the land before the instant partition was purchased from F on February 9, 1996 by E, and the said land cannot be registered for the transfer of ownership in F as farmland, and completed the instant registration of collateral security.