1. The Defendant is the Jeju District Court No. 29033, July 22, 1992, with respect to the land size of Jeju-si 4466 square meters.

1. Basic facts

A. The network D borrowed KRW 22.4 million from the Defendant around July 1992 and completed the registration of the establishment of the mortgage on the deceased (hereinafter “the mortgage of this case”) on July 22, 1992 by Jeju District Court No. 2903, Jul. 22, 1992 with respect to the amount of KRW 22.4 million, due date: January 21, 1993; the overdue interest rate: 25% per annum; and the debtor: the debtor.

B. On January 4, 2014, the Deceased died and the Plaintiff, who was his child, succeeded to the land by way of an inheritance agreement division.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings.

2. Determination

A. According to the above facts, barring any special circumstance, barring any special circumstance, the debt covered by the mortgage of this case is extinguished by the expiration of the extinctive prescription on January 22, 2003, and the validity of the mortgage of this case is lost, and thus, the defendant is liable to implement the registration procedure for cancellation of the registration of establishment of mortgage of this case to the plaintiff who inherited the land of this case.

I would like to say.

B. The defendant's defense and judgment 1) The defendant set up a defense to the effect that the defendant made a claim against the deceased for the discharge of several times, and that the debt of the mortgage of this case was suspended and the prescription has not yet expired until now since the defendant failed to repay the deceased's debt. 2) However, there is no evidence to acknowledge that the defendant made a claim against the deceased for the discharge of the secured debt of the mortgage of this case before the deceased's death, and even if the defendant claims the deceased for the discharge of the secured debt of this case until before the deceased's death, the interruption of prescription is not effective unless the defendant claims a judicial claim, intervention in bankruptcy proceedings, summons for compromise, voluntary appearance for compromise, seizure or provisional disposition was made within six months from the time of the request for discharge. Thus, the defendant's claim, intervention in bankruptcy proceedings, and compromise within six months from the time of the death of the deceased.