A. As of March 8, 2016, the Plaintiff is a legal entity with a claim for reimbursement of KRW 116,470,317 against Nonparty D.

B. As to the registration of creation of a mortgage over KRW 9,00,000,000 for the debtor D and the maximum debt amount of KRW 9,000,000,000 for the same day as the registration office of the Daegu District Court No. 5235, Aug. 25, 1982 (hereinafter “instant real estate”), D had completed the registration of creation of a mortgage over the debtor D and the maximum debt amount of KRW 9.9 million in the name of the defendant A (B).

3) D completed the registration of creation of superficies for the following 30 years from June 22, 1995 with respect to the instant real estate by the Daegu District Court’s registration No. 56616, which was received on June 22, 1995, as to the instant real estate, the registration of creation of a superficies for the following 30 years from June 22, 1995, under which the obligor D and the maximum debt amount of KRW 55 million were registered, and the duration of the instant real estate under No. 56617, which was received on the same day, was completed in Defendant C. [In the absence of any dispute between the Plaintiff and the Defendant, the Plaintiff and the Defendant, as to

2. The plaintiff's assertion

A. The establishment registration of each collateral completed in the Defendants’ future should be cancelled inasmuch as ① the secured debt was not available at the beginning, ② the secured debt was concluded by a false conspiracy, or ③ the extinctive prescription of the secured debt has expired due to the lapse of the ten-year extinctive prescription period, or ④ the secured debt was fully repaid.

B. The registration of creation of superficies of this case, which was completed in the future of Defendant C, was additionally established to secure the secured obligation of the right to collateral security, and it should be cancelled as the secured obligation has been nonexistent or extinguished as the reasons alleged earlier.

C. Since D is insolvent, the Plaintiff, a creditor of D, requested D to implement the registration procedure for cancellation of each of the above registrations in subrogation of D.

3. As to the claim against the defendant A

A. The secured debt of the registration of the establishment of a neighboring mortgage that was completed in the future of Defendant A is a registration based on a false conspiracy or false representation.