A. One-half of the 42,341 square meters of H forest and field H in Jeon Chang-gun (hereinafter “instant real estate”) is owned by F. Defendant B and I completed the registration of the establishment of a neighboring mortgage (hereinafter “the instant establishment of a mortgage”) as of the instant real estate as of March 11, 1994, No. 2889 of the Jeonju District Court’s Net Chang-gu District Court’s registration office (hereinafter “the instant establishment of a mortgage”).

B. Considering the overall circumstances such as the date on which the establishment registration of the instant neighboring mortgage was completed, the secured debt of the instant right to collateral should also be deemed to have occurred on March 11, 1994, and the extinctive prescription expired at present.

C. I died on May 16, 2004, and at the time, as his spouse, Defendant C, Defendant D, and E inherited the instant right to collateral security.

The Plaintiff is a person who holds monetary claims (20 million won and interest or delay damages thereon) against F on January 12, 2017 by the Suwon District Court, Suwon-si Court, Suwon-si, 2017, and F is insolvent.

E. The right to collateral security of this case extinguished by the appendant nature of the right to collateral security, and the plaintiff seeks to cancel the registration of establishment of collateral security of this case against the defendants, who are the right to collateral security of this case, in subrogation of F, insolvent.

2. Defendant B asserts to the effect that the instant lawsuit should be dismissed as it goes against the principle of prohibition of double lawsuit, since the Plaintiff filed a lawsuit identical to the instant case with Suwon District Court Decision 2017Da28777, which is currently pending in the lawsuit.

On the other hand, Article 259 of the Civil Procedure Act provides that "no party shall institute a lawsuit again with respect to a case pending before a court." This applies where the subject matter of a lawsuit in a prior suit and a subsequent suit are the same.

However, it is against the Defendants of Suwon District Court 2017Kadan28777 and F, which are the subject matter of the lawsuit in this case.