A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the network D, and as the network D died on July 9, 2010, it was inherited to B and C according to their respective inheritance shares.

B. Meanwhile, the Defendant completed the establishment registration of the mortgage on July 30, 2004 (hereinafter “the mortgage of this case”) with respect to the instant real estate as the obligor’s net D, claim amount of KRW 70 million, and due date for payment as of August 1, 2003 by the head of Gwangju District Court No. 8551, Aug. 1, 2003.

C. In addition, the Plaintiff filed an application against the network D for a payment order for the claim for reimbursement with the Gwangju District Court 2007 tea791, and the payment order issued on December 10, 2007 by the above court was finalized on December 27, 2007.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion was that there was no secured claim at the time of the establishment of the instant mortgage, and the said secured claim had already been completed and expired on August 1, 2013 after the lapse of ten years from the date of the establishment of the instant mortgage, and the registration of the creation of the instant mortgage ought to be cancelled.

B. The above facts are as follows, which can be acknowledged by comprehensively taking account of the descriptions in Gap's evidence Nos. 3, 4, Eul's evidence Nos. 1 and 2 and the purport of the entire arguments. In other words, although the defendant lent a large amount of money of KRW 70 million to the deceased D, the defendant is not able to submit data such as financial transactions, loan certificate, etc. concerning the loan of money, and there is no data to see that it has made no effort to recover the principal and interest for a period exceeding 10 years from the due date, and there is no data to see that the debtor D has made efforts to recover the principal and interest. As the defendant is the debtor's person, Eul prepared a letter (Evidence No. 1 and 2) that recognizes the secured claim of the mortgage of this case, and Eul and the defendant are the persons in a relative relationship with the deceased.