A. On November 26, 2014, the Plaintiff filed a lawsuit against Nonparty B with the Seoul Central District Court No. 2014Da529565, and was sentenced by the said court to the effect that “B shall pay to the Plaintiff 11,126,575 won and 11,000,000 won among them, 19% per annum from April 17, 2000 to December 16, 2004, and 20% per annum from the next day to the date of full payment.” The said judgment became final and conclusive on December 27, 2014.

The sum of the principal and interest of the Plaintiff’s claim against B according to the above judgment is KRW 42,885,615 as of September 18, 2015.

B. Meanwhile, on October 29, 1998, B completed the registration of creation of a neighboring mortgage in the name of the Defendant (hereinafter “instant collateral security”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) under the name of the Defendant, which was the obligor B, the maximum debt amount of which was KRW 6,00,000,000, pursuant to the receipt of No. 9369 on October 30, 1998.

C. At present, B has no particular property other than the instant real estate. While the value of the instant real estate is 6,142,500, the debt amount against the Plaintiff is higher than the said value, B is insolvent.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), inquiry results on the Ministry of Land, Infrastructure and Transport of this Court, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Although the Plaintiff’s assertion and B did not exist the secured debt of the instant mortgage, the Defendant and B concluded a contract to establish the instant mortgage by conspiracy.

Even if there are claims secured by the right to collateral security of this case

Even if the above claim was extinguished by prescription prior to the filing of the lawsuit in this case.

Therefore, the right to collateral security of this case should be cancelled, and as long as B does not seek cancellation of the registration of creation of the right to collateral security of this case due to its insolvent, the Plaintiff, a creditor of B, shall exercise the right to collateral security of this case against the Defendant.