A. Defendant 1 performed the procedure for the cancellation of registration of the establishment registration of a neighboring mortgage, which was made on June 18, 1997 by the Jung-gu District Court No. 40933, with respect to the forest land (number omitted) 84,198 square meters in Yangju-si, Yangju-si.

B. Defendant 2 performed the procedure for registration of cancellation of the establishment registration of a neighboring mortgage (number omitted) and the maximum debt amount of 50,000,000,000 neighboring to the maximum debt amount of 10,000,000 won, which was completed on June 18, 1997 by the Jung-gu District Court No. 40933, Jun. 18, 1997, with respect to forest land (number omitted) 84,198 square meters in Yangju-si

C. The Defendants implement the procedure for the cancellation of the registration of creation of superficies, which was made on June 18, 1997 with respect to the forest land (number omitted) 84,198 square meters in Yangju-si, Yangju-si.

2. This Court approves the ruling of the suspension of compulsory execution made on November 19, 2009 with respect to the case of application for the suspension of compulsory execution 2009 Chicago2085.

3. The costs of lawsuit shall be borne by the Defendants.

4. Paragraph 2 can be provisionally executed.

(a) Debt for a loan;

(1) Nonparty 1 offered the land indicated in the order of Nonparty 2’s ownership (hereinafter “the instant land”) as security. On June 18, 1997, Nonparty 1 set KRW 70,000,000 from the Defendants as interest rate of 3% per month.

(2) At the time of the above loan, Nonparty 1 and Nonparty 2 jointly issued, at the request of the Defendants, a promissory note of KRW 105,000 at face value with the date of issuance, date, place of payment, place of payment, etc. as blank; Defendant 2 jointly issued a promissory note of KRW 50,000 at face value with the date of issuance, payment, place of payment, place of payment, etc. as blank; and deliver it to the Defendants, respectively.

B. Registration of the establishment of the right to collateral security and superficies

In order to secure the debt of the above loan of Nonparty 1, as indicated in the Disposition, Nonparty 2 completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage of this case”) with respect to the land of this case, which was received on June 18, 1997 by the Jung Government District Court No. 40933, Jun. 18, 1997, under Defendant 1; ② the registration of creation of a neighboring mortgage of which the maximum debt amount is KRW 105,000,000 and the maximum debt amount is KRW 50,000,000, respectively, under Defendant 2’s name (hereinafter collectively “the registration of creation of a superficies of this case”). In order to prevent any decline in the value of security arising from the construction of a building on the land of this case on which the right to collateral security was established, Nonparty 2 completed the registration of creation of a superficies of this case under the name of the Government District Court No. 4034, Jun. 18, 1997.

(c) Application for voluntary auction;

(1) Defendant 1 supplemented a promissory note in blank amounting to KRW 105,00,00 at the above face value, which was jointly issued by Nonparty 1 and Nonparty 2, on June 19, 1997; the date of payment; December 19, 197; Defendant 1 applied for a voluntary auction of real estate on April 9, 1998, by filing an application for a voluntary auction of real estate with the Government District Court (No. 98 Doz. 28742, which was based on the above collateral security; and the decision was revoked on April 9, 1998 and the above request for auction was dismissed. < Amended by Act No. 5537, Nov. 30, 1999>

(2) In addition, Defendant 2: (a) supplemented promissory notes in blank amounting to KRW 50,00,000 at the above face value issued jointly by Nonparty 1 and Nonparty 2 as the date of issuance on June 18, 1997; (b) June 18, 1998; and (c) applied for the auction of real estate on March 26, 2009, based on each of the above collateral security.

D. Meanwhile, Nonparty 2 died on April 24, 200, and the Plaintiff jointly succeeded to Nonparty 2’s property as Nonparty 2’s spouse.

[Reasons for Recognition] Evidence A(including paper numbers) and the purpose of the entire pleading

2. Judgment on the request for cancellation of the registration of establishment of a neighboring district

A. The part on Defendant 1

According to the above facts, the registration of creation of a neighboring loan No. 1 of this case is aimed at securing the above loan debt of the non-party 1 against the defendant 1, and the above loan debt of this case was due on December 19, 197, which was supplemented by the defendant 1's payment date to the above blank promissory note jointly issued by the non-party 1 and the non-party 2 for payment. The above loan debt of this case was extinguished by the completion of the statute of limitations on December 19, 207. Thus, the registration of creation of a neighboring loan No. 1 of this case should be cancelled due to the extinguishment of the secured debt of this case.

B. Part as to Defendant 2

According to the above facts, the registration of creation of a neighboring loan No. 2 of this case is to secure the above loan debt of the non-party 1 against the defendant 2, and the above loan debt also was due on June 18, 1998, which was supplemented by the payment date by the non-party 1 and the non-party 2 as to the above blank promissory note jointly issued by the non-party 2 for payment. The above loan debt of this case was extinguished by the completion of the statute of limitations on June 18, 2008, since the above loan debt of this case No. 2 of this case was extinguished by the completion of the statute of limitations. Thus, the registration of creation of a new mortgage of this case shall also be cancelled due to

3. Judgment on the claim for cancellation of the creation of superficies

According to the above facts, the registration of the creation of superficies of this case was completed together with the registration of the establishment of the mortgage of this case Nos. 1 and 2, respectively, for the purpose of preventing any decline in the value of collateral that may arise from the construction, possession, and use of a building on the land of this case offered for the security for the above loan obligation. If the registration of the establishment of superficies of this case should be cancelled due to the extinguishment of the secured obligation of this case, as seen earlier, the registration of the establishment of superficies of this case, which was completed with the registration of the establishment of the above superficies, should also be cancelled because it has lost its purpose.

4. Conclusion

Therefore, Defendant 1 is obligated to register the establishment of a new mortgage on the instant land, Defendant 2, the establishment of a new mortgage on the instant land No. 1, the establishment of a new mortgage on the instant land No. 2, and the Defendants are obligated to implement each procedure for the cancellation of the registration of the establishment of a superficies on the instant land. Thus, the Plaintiff’s claim against the Defendants is accepted in its reasoning. It is so decided as per Disposition by the assent of all.

Judges Shin Sung-sung