A. C was issued by the Plaintiff on April 18, 2001 a letter of credit guarantee of KRW 50,000,000 as the guaranteed amount and KRW 48,420,000 as the guaranteed amount. As a security, C was granted a loan of KRW 50,000,000 from AY-gun Branch and KRW 48,420,00 from D Association.

B. C was unable to repay the above loans, and the Plaintiff subrogated the amount of KRW 57,728,504 to the Headquarters A, and KRW 58,298,347 to the D Association, and filed an application for payment order against C as the claim amount of reimbursement No. 2012,12, 2012, the payment order was made on September 3, 2012 and finalized on September 22, 2012.

C. On July 11, 2001, the Defendant completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) stipulated in Paragraph (1) of the Disposition against the obligor C and the mortgagee as the Defendant with respect to each real estate listed in the separate list.

C is a debt excess situation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant right to collateral security (i) did not exist any secured claim from the beginning, or (ii) extinguished by prescription the secured claim.

Therefore, the plaintiff seeks the cancellation of the registration of the establishment of the mortgage of this case from the defendant on behalf of C, the debtor of indemnity.

B. On September 27, 200, the Defendant lent KRW 36,000,00 to F limited liability company F operated by the Plaintiff, who is the husband of C. On May 17, 2001, the Defendant repaid KRW 21,711,219 on behalf of E, and repaid KRW 648,219 on behalf of E, and lent KRW 58,359,438 on behalf of E on June 1, 2001, and extended KRW 58,359,438 on behalf of E, and completed the registration of establishment of the instant collateral security in order to secure the above loan claim. Therefore, the secured claim of the instant collateral security exists.

② The Defendant received from C and his/her family members KRW 2,50,000 on May 25, 2009, KRW 1,000,000 on November 9, 2009, KRW 800,000 on March 31, 2010, and KRW 7,000,000 on June 222, 2011 as interest, and around September 2009, the Defendant received real estate owned by C’s G children G.