2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. In around 2003, the Plaintiff received the claim against EL Card Co., Ltd. and Hyundai Capital Co., Ltd., and received a favorable judgment against C in 2006 and 2007. The said judgment became final and conclusive around that time.

B. As to the instant real estate owned by himself, C completed the registration of creation of a mortgage on the instant first place to Defendant A, and completed the registration of establishment of a mortgage on the instant second place to Defendant B.

C. Around December 2004, C prepared a loan certificate to Defendant A stating that “Defendant C borrowed KRW 30 million from A on July 4, 2002 at interest rate, KRW 2% on December 20, 2007, and KRW 40 million on December 20, 2007 (hereinafter “the first loan certificate”), and around February 10, 2004, Defendant B also borrowed KRW 40 million from B on February 10, 2004 and December 28, 2007 (hereinafter “the second loan certificate”).

C is currently insolvent, and the Defendants did not fully pay their obligations.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1, 2, and 3 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The repayment period for the secured debt of the Plaintiff 1’s instant collateral mortgage was July 4, 2002, and the repayment period for the secured debt of the 2rd collateral mortgage was February 11, 2004. At the time of the instant lawsuit, the ten-year extinctive prescription has expired.

Even if the repayment period of each of the above obligations was around December 2007 according to the statement of each of the loans in this case, each of the above claims constitutes commercial claims and the five-year extinctive prescription has expired at the time of the filing of the lawsuit in this case.

Therefore, the Plaintiff, a creditor of C, seeks to cancel the registration of the establishment of each of the above mortgage on behalf of C.

B. The Defendants’ repayment period for the secured debt of the instant 1 collateral mortgage is December 20, 2007, and the 2nd collateral mortgage.