A. The Plaintiff is a person who completed the registration of ownership transfer with the Gwangju District Court No. 16581, Jan. 29, 2019, for the sale of real estate listed in the separate sheet (hereinafter “instant real estate share”) on December 27, 2018 as to the real estate share 1831/38050 (hereinafter “instant real estate share”).

B. On November 7, 1985, the registration office of Gwangju District Court completed the registration of creation of the right to collateral security with the amount of KRW C, debtor D, maximum debt amount of KRW 4,500,000, as the right to collateral security C, the obligor D, the maximum debt amount of KRW 4,500,000.

(hereinafter referred to as “registration of creation of mortgage of this case”).

The defendant was the fourth person of D, and the defendant guaranteed D's above collateral security obligations against D's corporation, upon request, but failed to repay D's debts. On January 21, 198, the defendant subrogated for the 4,056,018 won to C corporation on January 21, 198, and completed the additional registration of the transfer of the right to collateral security in the future of the defendant as the receipt No. 4902 on February 2, 198.

(hereinafter “Supplementary Registration before the instant mortgage”). D.

The Plaintiff asserted that the registration of creation of the instant right to collateral security should be cancelled since ten years have elapsed since the secured claim was extinguished due to the lapse of prescription from the date of establishment of the secured claim (the date of creation of the collateral security), and that the additional registration before the instant right to collateral security should also be cancelled since ten years have elapsed since the expiration of prescription period from the date of subrogation ( January 21, 1988). The Plaintiff filed the instant lawsuit against C Korea Deposit Insurance Corporation and the Defendant, which is the instant right to collateral security.

E. On July 3, 2019, between the Plaintiff and the Korea Deposit Insurance Corporation, a trustee in bankruptcy of the Plaintiff and C, the Korea Deposit Insurance Corporation, the Korea Deposit Insurance Corporation established a settlement recommendation to the effect that “The Korea Deposit Insurance Corporation shall implement the registration procedure for cancellation of the instant collateral security and the Defendant shall express his/her consent in implementing the registration procedure for cancellation

[Ground of recognition] There is no dispute.