A. On October 12, 2016, the Plaintiff commenced the demanding procedure against B for the payment of the amount of KRW 124,758,921 and damages for delay from the Gwangju District Court 2016Hu474, the Plaintiff received the payment order on October 29, 2016. The said payment order was finalized on October 29, 2016.

B. B, while possessing each real estate listed in the separate sheet, on August 6, 2002, completed on August 6, 2002 the registration of creation of a mortgage over the maximum debt amount of KRW 190 million (hereinafter “mortgage of this case”) arising from the contract to establish a contract dated August 5, 2002 in the future of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-4 through 6, the purport of the whole pleadings

2. According to the facts based on the determination as to the cause of the claim, the Defendant loaned money to B and did not repay it. On August 6, 2002, the Defendant established the instant right to collateral security with the above loan claims as the secured claim. Thus, it is determined that the extinctive prescription period of the instant right to collateral security has expired on August 6, 2012 after ten years from August 6, 2002, since the secured claim of the instant right to collateral security was completed on or around August 6, 2012, the instant right to collateral security also expired depending on the appendant nature of the security right

Therefore, the defendant has a duty to cancel the right to collateral security of this case to B upon the plaintiff's request by subrogation as the creditor of B, unless there are special circumstances.

3. In conclusion, the claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.