A. On July 16, 2014, the Plaintiff filed a lawsuit against B seeking the payment of the acquisition amount as the Gwangju District Court 2013da507394, and received a judgment from the said court on July 16, 2014, stating that “B shall pay to the Plaintiff the amount of KRW 24,948,00 and the amount of KRW 25% per annum from May 29, 1998 to October 6, 1998; 21% per annum from the next day to January 28, 199; and 19% per annum from the next day to the day of complete payment.” The above judgment became final and conclusive as it is.

B. Meanwhile, with respect to B shares (hereinafter “the instant real estate”) out of 26,446 square meters of C forest land in Gwangjuyang-si, Jeonyang-si, the registration of the establishment of a neighboring mortgage was completed on August 29, 1997 by the Gwangju District Court Seoyangyang-gu Office of Mayangyang-si, Gwangju District Court No. 11880.

C. B does not have any property other than the instant real property.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1-1, 2, and 2, and the result of an order to submit taxation information to the head of the Dong-gu Gwangju Metropolitan City, Gwangju Metropolitan City, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is the registration of invalidity of cause for which the secured obligation did not exist at the beginning, and even if there was a secured obligation.

Even if all are satisfied or extinctive prescription is completed and terminated.

Therefore, in order to preserve the claim against B, the Plaintiff seeks the Defendant to implement the registration procedure for cancellation of the establishment registration of the instant neighboring mortgage in subrogation of B, which is insolvent.

B. The summary of the defendant's argument is that the defendant's husband D, who operates the Dispute Resolution Co., Ltd., shall make loans of KRW 20 million up to August 1997, and KRW 40 million up to August 29, 1997, and the above loans of KRW 60 million up to August 29, 1997, and it is effective as it was established to secure interest thereon.

After that, the defendant's side additionally lent to B an amount equivalent to KRW 12 million on April 28, 1998, and KRW 10 million on May 1, 1995 of the same year, and the above ①, ②, ③, and ④.