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1. The Defendants shall have the jurisdiction over the real estate stated in the attached list No. 1 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter referred to as “first real estate” and “second real estate”, and “each real estate of this case”) stated in the separate sheet.
B. H, I, J, K, L, M, N, Defendant B, C, D, and E completed the registration of creation of a mortgage over the maximum debt amount of KRW 100 million with respect to the immovable property No. 32979, Jun. 15, 1995, with respect to the second real property, by the District Court of Suyang-ju registry office of the Republic of Korea as of June 15, 1995, and by receipt No. 32980, Jun. 15, 1995.
(hereinafter “instant collateral security”). On June 3, 2003, H transferred each of the said collateral security rights to I, J, K, L, M, and N among the said collateral security rights.
C. H died in around 2004, and his heir is Defendant F and G, a child.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the claim against Defendant B, F, and G
A. Since the Plaintiff’s assertion that the secured obligation of the instant mortgage was extinguished due to repayment or the completion of extinctive prescription, the Defendants are obligated to cancel the instant mortgage to the Plaintiff.
B. The facts that the instant right to collateral security was established on June 15, 1995 are as seen earlier, and comprehensively taking account of the overall purport of the pleadings in the statement in Eul evidence No. 3, the claim secured by the instant right to collateral security can be acknowledged as having reached the due date at least at the time when the Plaintiff, Defendant B, C, D, and E applied for a voluntary auction of the instant real estate to the government branch office of the Seoul District Court around December 2003. Since it is apparent that the ten-year statute of limitations has already expired on December 16, 2014, which was the date of the instant lawsuit, the claim secured by the instant right to collateral security had already expired before the instant lawsuit was filed.
Therefore, the secured claim of the instant right to collateral security is repaid.