1. The Defendants are entitled to share 4327/13942 owned by the Plaintiff among the 6,971m2 in Youngnam-gun D Forest land in Youngnam-gun.

1. Basic facts

A. E on March 7, 1995, 1/2 of the 6,971 square meters of land in Yong-gun, Jeonnam-gun (hereinafter “instant real estate”) owned by oneself, the same month in the future of the Defendants.

3. The establishment registration of a mortgage in the nearest maximum amount of 60,000,000 won was completed due to a contract to establish a mortgage.

(hereinafter “instant collateral security”). B.

After April 19, 200, E sold 1322/6971 shares of the above real estate owned by it to F, and completed the registration of transfer of ownership on the 24th of the same month.

C. On October 7, 2016, E sold the entire share of the instant real estate (4327/13942 shares) to the Plaintiff and completed the registration of share ownership transfer on the 10th of the same month.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff asserted and determined that there was no legal act which establishes the secured claim at the time of the establishment of the instant mortgage, and even if the mortgage was established, it cannot be deemed that there was a legal act which establishes the secured claim at the time of establishment of the instant mortgage, and on the ground that the ten years have elapsed since the establishment of the mortgage contract on March 3, 1995 and the extinctive prescription has expired, the Plaintiff sought to cancel

As to this, the Defendants asserted that the instant collateral security is not a factual collateral but a mortgage, and that the Defendants calculated KRW 825 square meters (250 square meters) out of KRW 3,486 square meters owned by E among the instant real estate, as well, to purchase KRW 62,50,000 per square meter, and that the Defendants also purchased KRW 62,50,000,000. In light of the circumstances, the Defendants did not register the transfer of ownership and completed the establishment registration

Article 185 of the Civil Code provides that "No real right may be created at will other than that provided for by law or customary law", and declares so-called legal principle of real right. Since the mandatory provisions of the Real Rights Act are core, it is a new kind of real right that is not recognized by law (sex law and customary law).