A. The deceased D (hereinafter “the deceased”) died on July 6, 2001, and the Plaintiff was shot of the deceased.

B. With respect to the real estate listed in Paragraph (1) of the Disposition No. 1 (hereinafter “the instant land”) owned by the deceased D (hereinafter “the deceased”), the Daegu District Court’s registration office, as of September 17, 1991, KRW 9.96,00,000,000,000 for the maximum debt amount, and the debtor as the deceased and the person holding the right to collateral security (hereinafter “the instant mortgage registration”) completed the registration of the establishment of a neighboring mortgage (hereinafter “the instant right to collateral security”). However, as of July 12, 2002, the registration of the ownership transfer under the Plaintiff’s name was completed on the ground of “the inheritance by consultation and division as of July 6, 2001.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The Plaintiff asserted that the Defendant’s claim against the Deceased, which is the secured claim of the instant right to collateral security, was nonexistent from the beginning, or even if there was a history in the past, the statute of limitations expired. Thus, the Plaintiff asserted that the instant right to collateral security has expired, and sought cancellation of the instant registration against the Defendant.

In regard to this, the Defendant asserted that, around July 1991, the time following the completion of the registration of the instant right to collateral security, purchased the instant land from the Deceased on or around July 1991, the legal farmland acquisition was restricted, and thereafter, the subsequent regulation was completed by completing the registration of ownership transfer in the name of the Defendant and completing the registration of the instant right to collateral security, and that there was a secured claim of the instant right to collateral security, and that the period of extinctive prescription of the right to claim the registration of ownership transfer does not run since

3. The determination of the right to collateral security shall only be made with the maximum amount of the debt to be secured, and shall be made by reserving the determination of the debt in the future