Litigation costs shall be borne by the plaintiff.

A. On October 30, 2009, C entered into a mortgage agreement with the Defendant regarding the real estate recorded in the separate sheet (hereinafter “instant real estate”) on the part of the Defendant, in order to guarantee the Defendant’s obligation to the Defendant, with respect to the establishment of a mortgage on October 30, 2009, which stipulates that the establishment of a mortgage shall be completed with the maximum debt amount of KRW 19 million, and according to the above agreement, C completed the establishment registration of a mortgage on

(hereinafter referred to as the “mortgage creation registration of the instant case,” and the right thereto is called the “mortgage of this case.”

The Plaintiff filed an application with the Jeonju District Court for a payment order against C seeking payment of the amount of KRW 14,641,168 and the amount of delay damages therefor, which was “14,641,168 won for advance reimbursement,” and the said court issued the said payment order to C on April 20, 2010, and the said payment order became final and conclusive on May 7, 2010.

(hereinafter “Plaintiff’s Claim”) . [Grounds for recognition] without dispute, entry of evidence Nos. 1 and 2, and purport of the whole pleadings.

2. Assertion and determination

A. The summary of the cause of the Plaintiff’s claim does not exist any secured obligation of the instant collateral security right.

Even if there exists the secured obligation of the instant right to collateral security, the said obligation was null and void by a false declaration of intent made in collusion with the Defendant C, or extinguished by the expiration of the extinctive prescription period from October 30, 2009.

The right to collateral security of this case ceased to exist due to the non-existence, invalidation, repayment, or expiration of extinctive prescription of the secured obligation.

Therefore, in this case, the Plaintiff’s claim on behalf of the Plaintiff in order to preserve the Plaintiff’s claim against C, the Defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the mortgage of this case.

B. The following circumstances, which can be acknowledged by adding the facts acknowledged prior to the judgment 1 to the statement Nos. 1 to 3, namely, the defendant and C, from May 15, 2006 to the purport of the entire pleading. < Amended by Act No. 9578, May 15, 2006>