A. On July 22, 1997, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “mortgage”) with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by D, C, and E, one-third shares, with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On January 16, 2020, the Plaintiff filed a lawsuit seeking the payment of the acquisition amount against Daejeon District Court No. 2019 Ghana 13545 and rendered a judgment ordering C to pay KRW 21,727,035 to the Plaintiff and delay damages therefor, and the said judgment became final and conclusive around that time.

[Ground of recognition] The entry of Gap evidence Nos. 1-3 and 3-3, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the secured debt of the instant right to collateral security expired by the expiration of the extinctive prescription on July 22, 2017, when ten years have elapsed from July 22, 1997 when the establishment registration of the instant right to collateral security was completed at the latest.

Accordingly, it is reasonable to view that the instant right to collateral security also ceased to exist due to the appendant nature of the secured claim.

Therefore, the Defendant, upon the Plaintiff’s subrogation request, is obligated to implement C the procedure for registration of cancellation of the registration of the establishment of the establishment of the instant neighboring real estate of this case.

3. The plaintiff's claim for conclusion is justified and acceptable.