A. B entered into a credit guarantee agreement with the Plaintiff on January 7, 2005 with the guaranteed amount of KRW 31,50,000,000 and the guaranteed amount of January 10, 2005 at KRW 13,50,000. Under the Plaintiff’s credit guarantee agreement, the Plaintiff borrowed KRW 31,50,000,000 from the Agricultural Cooperative for Busan Fungnam, etc. on January 7, 2005, respectively.

B. The Plaintiff paid KRW 49,893,016, in total, KRW 36,305,001 and KRW 13,58,015, in subrogation of B according to each of the above credit guarantee agreements on May 28, 2008, as the Plaintiff delayed the payment of each of the above principal and interest.

The amount of claim for reimbursement as of September 19, 2017 is KRW 113,408,530.

C. On December 29, 2005, B filed for the registration of the establishment of a neighboring mortgage (hereinafter “the creation of a mortgage”) against the Defendant on the attached list No. 139396 of the Ulsan District Court’s receipt of the attached list No. 139396 on the same day, with respect to the real estate owned by B (hereinafter “the instant real estate”). D.

B is a debt excess situation at the time of the closing of the instant case.

[Reasons for Recognition] Each entry of Gap evidence 2 through 12 (including paper numbers, hereinafter the same shall apply) and the purport of the whole pleading

2. Determination

A. According to the facts of the judgment on the ground of the Plaintiff’s claim, it is apparent that ten years have passed since the establishment registration of a mortgage of this case was completed. Thus, the establishment registration of a mortgage of this case should be cancelled on the ground of the expiration of the extinctive prescription period, and as long as the Plaintiff, who is the creditor of this case, sought cancellation on behalf of the insolvent B, the Defendant is liable to implement the registration procedure of cancellation of the establishment registration of a mortgage of this case to B.

As long as the Plaintiff received “the claim for the extinction of the prescription of the secured debt of the instant establishment registration” among the selective claims, “the remainder of the selective claims,” the registration of the establishment of the instant neighboring claims.