A. On February 24, 2012, the Plaintiff filed an application for payment order against B with the Seoul Central District Court 2012 tea35476, and on February 24, 2012, the Plaintiff received the payment order from the above Seoul Central District Court that “B would pay the Plaintiff KRW 7,914,082 and its delay damages.” On August 22, 2016, the Plaintiff filed an application for payment order with the Gwangju District Court 2016 tea14,106 and received the payment order from the said court that “B would pay the Plaintiff KRW 4,906,600 and its delay damages.”

Each of the above orders was finalized around that time.

B. On January 13, 2003, the Defendant completed the registration of creation of a neighboring mortgage to the obligor B and the mortgagee as the Defendant on the ground that the contract was concluded on January 10, 2003 with respect to the land size of 354 square meters in the Mancheon-gun, Jeonnam-gun (hereinafter “instant real estate”).

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”) C.

B is currently insolvent other than the real estate in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. 1) The Plaintiff’s assertion 1) in light of the fact that the instant right to collateral security has not been executed up to the present date, or even if there exist existence, it would be deemed that all of the secured claims have been repaid or the extinctive prescription has expired. Therefore, as the registration of invalidation is revoked, the Plaintiff, a creditor of the instant case, by subrogation of B, sought a cancellation of the registration of establishment of the instant right to collateral security in lieu of the Defendant. (2) When the Defendant incurred a lot of damages due to failure in the instant business by a square B around 202, the Defendant paid the loan amounting to approximately KRW 200,000 to B by paying the debt on behalf of B.

B has from that point to that point, paid to the Plaintiff money under the name of interest by cash or another bank account in accordance with the circumstances.

Therefore, the Plaintiff’s claim of this case.