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1. The Defendants, on January 25, 1967, shall be liable to the Plaintiff for the registration office of Suwon District Court with respect to the size of 1332 square meters prior to the wife population H, which is permissible to the Plaintiff.
Reasons
1. The name of the mortgagee was indicated as K as the receipt No. 177 of January 25, 1967 with respect to the land of this case with respect to the area of 1332 square meters prior to the wife population H, Suwon District Court (hereinafter “the instant land”). However, according to the closed copy of the register, the name of the mortgagee is written as “I” and the name of the mortgagee is written as “I” according to the closed copy of the register. The name of the mortgagee is also written as “I”, and J, the Defendants’ put as the Defendants’ copies, as well, is also the same as the said
Then, it is evident that K’s name in the present registry of the register is written by mistake according to the erroneous reading of “L” to “M” in the course of computer processing.
To correct properly.
In the future, the establishment registration of mortgage (hereinafter referred to as the "mortgage of this case") over the maximum debt amount of KRW 20,000 has been completed.
0. On April 3, 1979, the Plaintiff acquired ownership by completing the registration of ownership transfer on the instant land.
[A] The JJ died on June 29, 1981, and the Defendants jointly inherited their rights.
0 It is apparent that the mortgage of this case was 10 years after the date of establishment of the mortgage of this case, and the period of extinctive prescription of the secured claim.
Thus, since the secured debt becomes extinct due to the expiration of the extinctive prescription as above, the right to collateral security should also be cancelled in accordance with the principle of the appendivity of the right to collateral security.
2. Grounds for recognition: Evidence set forth in subparagraphs A through 6, and the purport of whole pleadings;
3. Costs of lawsuit: Consideration of the circumstances leading to the instant lawsuit, the lapse of a long period, and the Defendants’ non-contentious issues