A. On November 10, 2008, the Plaintiff entered into a mortgage agreement with the Defendant on the attached list owned by the Plaintiff (hereinafter “instant real estate”) with respect to the establishment of the right to collateral for the Defendant’s claim against C (hereinafter “C”) with respect to the real estate indicated on the attached list owned by the Plaintiff (hereinafter “instant real estate”). The Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the obligor as the Government Registry of the District Court No. 147532, Nov. 14, 2008, with the Defendant as the Government Registry of the District Court No. 147532, Nov. 14, 2008.

B. Since then, the Defendant agreed with the Plaintiff to cancel the registration of the establishment of the creation of the neighboring E units of this case instead of being established with the maximum debt amount of KRW 110 million with respect to the apartment units of Gwangju Dong-gu E units of Dong-gu, Gwangju.

C. On June 15, 2009, the Defendant completed the registration of the establishment of a neighboring apartment owned by D with the maximum debt amount of KRW 110 million. The Defendant issued to the Plaintiff a certificate of termination necessary for the cancellation of the registration of the establishment of a neighboring apartment owned by D, a letter of delegation, a written request for the termination of the registration of the establishment of a neighboring apartment.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including each number), and the purport of the whole pleadings

2. Determination on this safety defense

A. As to the lawsuit of this case seeking the cancellation of the registration of creation of a mortgage of this case on the ground that the Plaintiff agreed on June 15, 2009, the mortgage of this case is for securing the Defendant’s commercial transaction obligation. Thus, the exercise of the right to claim cancellation registration following the cancellation agreement of the registration of creation of a mortgage of this case is subject to five years, the commercial exclusion period. The lawsuit of this case is five years from June 15, 2009, which is the date on which the Plaintiff agreed to cancel the registration of creation of a mortgage of this case.