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1. The defendant shall accept, on February 3, 1995, the head of the Gwangju District Court, the head of the Sungsung-gun District Court with respect to the land size of 1,098 square meters to the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff acquired ownership on August 14, 2017 with respect to the 1,098㎡ (hereinafter “instant real estate”).
B. As to the instant real estate, the establishment registration of a neighboring mortgage (hereinafter “registration of the instant collateral security”) was completed on February 3, 1995, which was the debtor D, the mortgagee, the defendant, the maximum debt amount of 13,000,000, as the head of the Gwangju District Court No. 1673, Feb. 3, 1995.
[Ground of recognition] Unsatisfy, Gap evidence 1
2. The plaintiff's assertion and judgment
A. The Plaintiff asserts that the secured obligation of the instant collateral registration has become extinct due to the completion of extinctive prescription.
B. The 10-year extinctive prescription is applied to the secured debt of the registration of the instant collateral security, and since the due date has not been determined, the ten-year prescription has been expired on February 3, 2005, which was completed on February 3, 1995, which was the date of the registration of the establishment of the neighboring mortgage.
Therefore, the Defendant is obligated to implement the procedure for registration cancellation of the registration of the instant collateral security to the Plaintiff.
3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.