A. Based on the final judgment, the Dongyang Card Co., Ltd. has a claim for delay damages calculated at the rate of 29% per annum from September 9, 1999 to the date of full payment with respect to KRW 144,635,509 and KRW 90,000 among them, and the Plaintiff acquired the above claim from the Dongyang Card Co., Ltd. and the Dong Yangyang Mutual Loan Co., Ltd. and notified the fact of transfer to B on January 3, 2012.

B. On November 1, 1999, the Defendant completed the registration of the establishment of a collateral on the claims for the mortgage contract, i.e., the maximum amount of claims 9,900,000 on November 2, 199 with respect to the real estate listed in the separate sheet owned by B (hereinafter “the instant real estate”).

(hereinafter “instant collateral security”). C.

B died on January 26, 2014, and C, D, and E, the inheritor of the deceased, were decided by the Busan Family Court on May 22, 2014.

On April 22, 2016, the Plaintiff filed a lawsuit against the above inheritors as Seoul Central District Court Decision 2015Da16762, and sentenced that “C, D, and E shall pay the amount of 16,66,66 won each within the scope of the property inherited from the network B, and the amount calculated by the rate of 29% per annum from September 9, 199 to the date of complete payment.”

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, Gap evidence 3, Gap evidence 4-5, and the purport of whole pleadings

2. Summary of the parties' arguments;

A. The registration of the establishment of a mortgage on the ground of the Plaintiff’s assertion is null and void as it was established at the beginning without any secured debt.

It is not so.

Even if a loan claim, which is the secured claim, has already been extinguished after the extinctive prescription expires.

Therefore, in this case where the plaintiff subrogated B, the defendant is obligated to cancel the right to collateral security of this case to B.

B. The Defendant asserted that he lent KRW 90 million to B on November 1, 1999 on a monthly interest rate of KRW 90 million.

In addition, the defendant is also the defendant.