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1. Of the real estate listed in the attachment to the Plaintiff, the shares of Defendant B 3/11, the shares of Defendant C 2/11, and the shares of Defendant D 2/11, respectively.
Reasons
1. Basic facts
A. On July 3, 1990, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. On July 3, 1990, the Plaintiff completed the registration of the establishment of a neighboring mortgage with respect to the instant real estate to Nonparty G with the Daegu District Court Branch No. 15659, July 3, 1990, the mortgagee G, the debtor, and the maximum debt amount of the Plaintiff at KRW 60,000,000.
C. G died on December 30, 1990. Accordingly, Defendant B, the spouse of G, jointly inherited the shares of Defendant B 3/11, the shares of Defendant C, the shares of Defendant D 2/11, the shares of Defendant D D 2/11, the shares of Defendant E E 2/11, and the shares of Defendant F 2/11.
【Reasons for Recognition: Each entry in Evidence A Nos. 1 and 2, and the purport of the whole pleadings】
2. The plaintiff asserted that the plaintiff borrowed KRW 50,00,000 from G around June 30, 1990, and proposed that G establish the instant right to collateral in order to secure this. Since the secured claim of the instant right to collateral was extinguished due to the expiration of the extinctive prescription, the defendants, the inheritors of G, are obliged to implement the procedure for registration of cancellation of the registration of the establishment of the instant right to collateral.
3. Determination
A. We examine the case's secured claim of this case's secured claim of this case is a loan claim with no time limit fixed, and as a matter of principle, the extinctive prescription of the above secured claim has run from June 30, 1990 to June 30, 200. The extinctive prescription of the above secured claim has run from June 30, 200.
Therefore, since the secured claim of the instant right to collateral security was extinguished, among the instant real estate, Defendant B, the inheritor of G, is obligated to perform the registration procedure for cancellation of the registration of the establishment of the instant right to collateral security as to the share of 3/11, the shares of Defendant C, the shares of 2/11, the shares of Defendant D, the shares of 2/11, the shares of Defendant E, and the shares of 2/11, and the shares of Defendant F.
B. As to this, the Defendants are serving in the Plaintiff’s company.