A. On June 8, 2007, the Plaintiff filed a lawsuit claiming the acquisition amount against B by the Daegu District Court 2007Gau84179, and received a judgment from the above court on June 8, 2007 that “B shall pay KRW 29,561,199 and damages for delay, jointly with C, and severally with C.” The above judgment became final and conclusive around that time.

B. B and D entered into a contract to establish a mortgage (hereinafter “mortgage”) with respect to the real estate listed in the separate sheet on April 17, 2003 (hereinafter “instant real estate”) with the maximum debt amount of KRW 100 million, B, D, and the Defendant as the Defendant of the right to collateral security (hereinafter “mortgage”). On the same day, B and D concluded a contract to establish a mortgage (hereinafter “mortgage”) with the Defendant as described in paragraph (1) of this Article.

(c) B is in excess of the obligation;

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s claim as to the secured claim on the instant mortgage has expired upon the completion of the extinctive prescription on April 17, 2013, when the registration of the establishment of the instant mortgage was completed on April 17, 2003, and accordingly, the registration of the establishment of the instant collateral ought to be revoked in accordance with the principle of indivability.

B. The defendant alleged that the defendant lent a total of KRW 100 million to C from January 15, 1996 to February 2, 2003. On April 17, 2003, the defendant agreed that C and the above KRW 100 million shall be repaid as soon as possible, but the interest rate shall be 20% per annum, and B and D completed the registration of creation of a neighboring mortgage as a joint guarantor.

C and his/her spouse paid in cash the sum of KRW 7,150,000,00,000, including interest, from November 23, 2005 to September 24, 2010. From November 23, 2016 to January 25, 2018, C’s married F, who transferred the sum of KRW 14,00,000,000 per month, to a deposit account in the Defendant’s spouse’s name, the secured claim of the instant mortgage was not extinguished.

3. Determination

A. The extinctive prescription period of this case