Defendant C shall apply to the real estate stated in the list (attached Form 1) to the Plaintiff.

A. On July 23, 1986, the Suwon District Court rendered a registration of establishment of a mortgage over the instant real estate owned by the Plaintiff, the Suwon District Court rendered the registration of establishment of a mortgage over the amount of KRW 2.5 million with the maximum debt amount received on July 23, 1986, the debtor, the debtor, and the mortgagee D Co., Ltd.

On May 27, 1987, Defendant B received a provisional attachment order from Suwon District Court 87Ka5876 with respect to the above collateral security claims. Accordingly, the entry registration of provisional attachment against the above collateral security claims was completed on May 28, 1987 by Suwon District Court 1862.

Since the plaintiff paid the full amount of the secured debt of the above secured mortgage to D Co., Ltd. and the above debt has expired by prescription, the registration of the provisional seizure of the above secured debt of Defendant B should be cancelled.

B. We examine ex officio the legitimacy of this part of the lawsuit.

Where a registration has been made by commission, the registration of cancellation shall also be made by the commission, and where it can be proved that the seized claim has become extinct by the repayment or deposit, a simple procedure is prepared to cancel the registration of seizure period by commission (Article 167(4) of the Civil Execution Rule). Therefore, seeking a registration of cancellation of provisional seizure against the defendant B, a provisional seizure creditor, by a lawsuit against the defendant B, who is a provisional seizure creditor, is unlawful as there is no benefit of lawsuit.

2. Claim against Defendant C

(a)the indication of the claim (attached Form 2) is as shown in the cause of the claim;

(b) Judgment without applicable provisions of Acts (Article 208 (3) 1 of the Civil Procedure Act);

3. The plaintiff's lawsuit against the defendant B is unlawful. Thus, the plaintiff's claim against the defendant C is dismissed, and the claim against the defendant C is justified and it is so decided as per Disposition.