1. The defendant received on December 8, 1994 from the Changwon District Court for the real estate stated in the attached list to Nonparty B.

1. Basic facts

A. On August 20, 2015, the Plaintiff filed an order for payment with the Changwon District Court 2015 tea3953 against C Co., Ltd. and B, and received payment order from the said court that “C Co., Ltd. and B jointly pay the Plaintiff KRW 56,952,541 and delay damages therefor,” and the said payment order became final and conclusive as it is.

B. On December 8, 1994, the Defendant, as the owner of B, completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the real estate owned by B on December 8, 1994 (hereinafter “the instant real estate”) and the maximum debt amount of KRW 45,00,000, and the mortgagee as the Defendant.

(c) B does not currently possess any particular property.

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

2. Determination as to the cause of action

A. The plaintiff alleged that the registration of establishment of a mortgage of this case was made by a false conspiracy between the defendant and B. However, the evidence submitted by the plaintiff alone cannot be recognized as the above facts. Thus, the plaintiff's above assertion is without merit.

B. The defendant asserts that he lent KRW 30,000,00 to B around 1994 and completed the registration of creation of a new mortgage of this case. Even according to the defendant's argument, it is reasonable to view that the secured debt of the above secured mortgage of this case can be exercised on December 8, 1994 at the latest when the registration was completed, and the period of extinctive prescription is also proceeding from that time. Since it is apparent that the ten years have elapsed from that time, the secured debt of the instant secured mortgage of this case has expired.

Therefore, the defendant, as a creditor of indemnity against B in excess of the debt, is obligated to implement the procedure for registration of cancellation of the establishment registration of the establishment of the mortgage of this case upon the plaintiff's subrogation.

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