A. The land of this case is 3/9 shares, B, E, and F, respectively, owned by 2/9 shares, for the land of this case 79 square meters in Busan Young-do (hereinafter “instant land”).

B. On January 16, 2002, B completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) with respect to the 2/9 shares owned by the land of this case on the 15th of the same month in the future of the Defendant, on the grounds of a mortgage contract with the maximum debt amount of 30 million won.

C. On December 21, 2005, the Plaintiff filed a lawsuit against B against the Busan District Court No. 2006Gapo509199, and received a favorable judgment against B on December 21, 2005, stating that “B shall pay to the Plaintiff the amount calculated at the rate of 17% per annum from April 1, 2005 to the date of full payment” and that “B shall pay to the Plaintiff 14,527,795 won and 5,966,338 won per annum.” The judgment became final and conclusive around that time.

B There is no property other than the above shares.

[Grounds for recognition] The descriptions of Gap 1-3 and the purport of the whole pleadings

2. The parties' assertion;

A. The secured debt of the registration of the establishment of a new mortgage on the Plaintiff’s claim was completed ten years from January 16, 2002 after the completion of the registration.

The plaintiff seeks to implement the registration procedure for cancellation of the registration of the establishment of the instant neighboring mortgage on behalf of insolvent B.

B. On January 15, 2002, Defendant B asserted that the registration of the establishment of the relocation of this case was completed as security while borrowing KRW 30 million from Defendant at interest rate of 18% per annum.

B because it is not a bank transaction because it is a bad credit and it is not a bank transaction, B wired money to the Defendant’s account through the Dong E’s account and repaid the borrowed money in equal installments from May 2, 2014.

This constitutes an approval under Article 168 subparagraph 3 of the Civil Code, thereby, the extinctive prescription has been interrupted until May 2, 2014.

3. Determination

A. The secured debt of the instant establishment registration following the lapse of the extinctive prescription period runs from January 16, 2002, when the establishment registration of the neighboring mortgage was completed, and ten years have passed thereafter, under special circumstances.