On December 29, 2005, the Plaintiff filed a lawsuit against B, and sentenced that “the Defendant shall pay to the Plaintiff the amount of KRW 10,895,413 and KRW 10,084,310 per annum from July 19, 2005 to the date of full payment” with respect to KRW 29.9% per annum from July 19, 2005 to the date of full payment. The above judgment became final and conclusive on January 18, 2006.

B. B concluded on January 26, 2005 a mortgage contract with the Defendant on the attached real estate indicated as indicated in the attached Table (hereinafter “instant real estate”), and completed on the same day the establishment registration of a mortgage of KRW 80,000,000 (hereinafter “the establishment registration of a mortgage of this case”) over the Defendant’s maximum debt amount.

(c) B is currently insolvent.

2. Determination

A. According to the above facts, there is no evidence of assertion as to the existence of special agreement on the secured claim of the instant right to collateral, and it is reasonable to view that the extinctive prescription of the instant secured claim runs from January 26, 2005, which is the date of the occurrence of the foregoing claim, to run from January 26, 2005. Since it is apparent that the ten-year extinctive prescription has elapsed from that time, the secured claim of the instant secured right to collateral of this case has expired

As such, it is reasonable to view that the establishment registration of a new mortgage of this case, which secured the above credit, was also null and void.

Therefore, in the instant case where, as seen earlier, the Defendant seeks to cancel the registration of the establishment of a mortgage in the instant case on behalf of the Defendant on behalf of the Defendant, barring any special circumstance, the Defendant is obligated to cancel the registration of the establishment of a mortgage in the

B. The defendant's extinctive prescription against this shall be based on B's approval of debt.