2. The costs of lawsuit shall be borne by the Plaintiff.

A. On July 3, 2006, D completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with the obligor D, the mortgagee E, and the maximum debt amount of which shall be KRW 70,000,000, in the future.

B. On the other hand, on the other hand, on August 30, 2017, the registration of ownership transfer was completed on August 18, 2017 (the trading price of KRW 40,000,000) on the other hand, and on September 6, 2017, the registration of ownership transfer was completed on September 4, 2017 (the trading price of KRW 95,000).

C. On September 14, 2017, on September 23, 2011, the date on which E died, the Defendant completed the registration of transfer of a right to collateral security on the ground of inheritance by consultation and division. On October 31, 2017, the Defendant filed an application for voluntary auction on real estate (Dasan District Court G), and on November 1, 2017, the entry registration of the decision of voluntary auction was completed.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The party’s assertion 1) A’s loan claim against E, a secured claim of the Plaintiff’s right to collateral security, was more than 10 years prior to the lending date, and the extinctive prescription has expired since it did not exercise a security right. Therefore, the registration of collateral security should be cancelled as the secured claim of the Defendant’s right to collateral security has expired. 2) Even if the extinctive prescription of the Defendant’s mortgage claim has expired after the completion of the extinctive prescription, the registration of collateral security should not be cancelled,

In addition, there is no reason to cancel the registration of the transfer of the right to collateral security, that is, there is no reason to cancel the registration of the transfer of the right to collateral security.

In addition, D sold real estate to F on August 18, 2017 and approved the secured debt of the right to collateral security, and F acquired the secured debt of the right to collateral security.

Therefore, the secured claim of the right to collateral security is the same.