A. The Defendant is a person who was engaged in the manufacturing business of the whose trade name is “C,” and D is a person who runs the wholesale business of the whose trade name is “E.”

Since 1999, the defendant has been engaged in transactions in which he supplies an anti-competitive test to D.

B. D is F's children, and the Plaintiff is a mother and child relationship with D as F's spouse.

C. For the purpose of securing the Defendant’s credit settlement claim against the Defendant D, on March 15, 1999, F completed the registration of the establishment of a mortgage over the real estate indicated on the attached real estate (hereinafter “instant real estate”) with respect to the Defendant on March 15, 199, as the Daegu District Court’s registration No. 24858, Mar. 15, 199, received on March 15, 1999, the maximum debt amount of KRW 60 million, the debtor D, the mortgagee, and the mortgagee as the Defendant.

(hereinafter “instant collateral security”). D.

The F donated the instant real estate to the Plaintiff on March 21, 2011 and completed the registration of ownership transfer in the future of the Plaintiff.

E. Meanwhile, in February 2007, G Co., Ltd. was established and the defendant is the representative director of the above company, and D will terminate the transaction with the defendant's operation C and will be supplied with the K Co., Ltd. by the K Co., Ltd.

【Ground of recognition】 In the absence of dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 2, 3, 5, 7, 8, 9, 11, and 12, the purport of the whole pleadings

2. Whether the secured obligation of the instant right to collateral security exists

A. The secured claim of the instant right to collateral security upon expiration of the extinctive prescription is a claim for credit on credit between the Defendant and the obligor D, a collateral security right, and the extinctive prescription period is three years pursuant to Article 163 subparag. 6 of the Civil Act.

The supply transaction between the defendant's personal business chain "C" and D was terminated in February 2007.

Therefore, barring any special circumstance, the Defendant’s credit on credit payment claim against D, which is the secured debt of the instant right to collateral security, was extinguished due to the expiration of the extinctive prescription period on February 2010, which was three years after the date of the said transaction.

B. Determination as to the Defendant’s assertion on the interruption of extinctive prescription