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1. The Defendants shall register F with respect to the real estate stated in the attached list of the Chuncheon District Court's Gangnam Branch, and on October 25, 2001.
Reasons
1. Facts of recognition;
A. In the lawsuit filed by the Plaintiff against F with the Seoul Central District Court No. 2011Gaso218969, “F shall pay to the Plaintiff 26,057,117 won and 9,312,27 won from July 11, 2007 to the delivery date of a copy of the complaint, 19% per annum, and 20% per annum from the next day to the date of full payment.”
B. The real estate listed in the attached list (hereinafter “the apartment of this case”) is F’s ownership. On October 24, 2001, on the ground of the contract to establish a contract on October 25, 2001, the right to collateral security (hereinafter “the instant apartment”) was established against the debtor F and the mortgagee G, with the maximum debt amount of KRW 30 million as of October 25, 2001.
C. G died on June 17, 2017, and his heir is Defendant C, D, and E, the spouse of Defendant B and his/her children.
F is the insolvent state in which the F does not have any property other than the apartment of this case.
[Ground of recognition] The fact that there is no dispute, Gap's 1 to 3 evidence, witness F's testimony, fact-finding results against the Ministry of Land, Infrastructure and Transport, the purport of the whole pleadings
2. Determination:
A. In light of the Plaintiff 1’s assertion that the secured claim did not exist or even if it exists, the extinctive prescription expired after the lapse of about 20 years after the establishment of the instant mortgage.
Therefore, the registration of the establishment of a neighboring mortgage of this case must be cancelled as an invalid registration, and the Plaintiff, a creditor of F, seeks the Defendant to cancel the registration of the establishment of a neighboring mortgage of this case by subrogation of F.
② Preliminaryly, even if there was a waiver of the statute of limitations interest as claimed by the Defendants, it should be revoked as a fraudulent act. Ultimately, since the statute of limitations has expired, the Plaintiff’s subrogation as a F’s creditor is the F’s creditor.