A. On March 28, 1997, the Plaintiff entered into a mortgage agreement on the real estate listed in the separate sheet (hereinafter “instant real estate”) on March 28, 1997 in order to secure the payment for the goods after being supplied with the ice cream goods by the Defendant. On March 31, 1997, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with the obligor, the mortgagee, the Defendant, the maximum debt amount of KRW 15,00,000 on March 31, 1997, which was received on March 31, 1997 from the Daejeon District Court.

B. On January 16, 2004, the Defendant was declared bankrupt by the Seoul Central District Court 2003Hahap71, and was decided on March 22, 2007.

C. The above transaction relationship between the Plaintiff and the Defendant was terminated on September 2004, which was after the Defendant was declared bankrupt.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the transaction relation between the Plaintiff and the Defendant terminated on September 2004, and the extinctive prescription expired after the lapse of ten years from the claim for the purchase of goods secured by the instant collateral security right. As such, the Defendant is obligated to cancel the registration of the establishment of the instant mortgage.

B. In a case where a right to collateral security without a duration agreement has been created to secure the obligation based on a continuous contract, and where the transaction relation is terminated and there is no possibility that the original obligation expected to be the secured obligation will become more likely, the remaining obligation shall be finalized with the obligation secured by the right to collateral security (see, e.g., Supreme Court Decision 96Da2286, Apr. 26, 1996). According to the above facts of recognition, the transaction of goods between the Plaintiff and the Defendant, which served as the basis of the instant right to collateral security, was terminated on September 2004, and the goods payment obligation existing around that time was finalized at least as the secured obligation of the instant right to collateral security around September 30, 204.

In the end, it is eventually.