1. The Defendant is the Ulsan District Court No. 7575, Jan. 27, 2004, which received on the Ulsan District Court’s 12,992 square meters of forest land in Ulsan-gun, Ulsan-gun.

1. Determination as to the cause of claim

A. The Plaintiff’s claim against B and the Plaintiff’s insolvency (formerly changed: C&C Corporation) filed a lawsuit against B against B claiming for the amount of KRW 9.9 million from the Ulsan District Court Decision 2007Gau10708,000 and the damages for delay from August 8, 1998.

On October 15, 2007, the Ulsan District Court rendered a decision of performance recommendation ordering the payment of the said money, and the said decision was finalized on November 3, 2007.

B There is no particular property other than 12,992 square meters of forest C in Ulsan-gun, Ulsan-gun (hereinafter “instant land”).

B on January 27, 2004, on the instant land, the registration of creation of a mortgage was completed on January 27, 2004 by the Defendant with a maximum debt amount of KRW 18 million.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the findings of fact inquiry about the head of Ulsan Metropolitan City, the head of Ulsan Metropolitan City, the Minister of National Court Administration, the purport of the whole pleadings

B. According to the findings of the determination, the secured claim of the instant right to collateral security has expired since 10 years since Jan. 27, 2004 after the completion of the registration of establishment of the instant right to collateral security, and it is reasonable to view that the instant right to collateral security also expired according to the nature of the secured right to collateral security.

Therefore, the defendant is obligated to cancel the registration of the establishment of the establishment of the neighboring mortgage of this case, and the plaintiff can seek implementation of the registration procedure for cancellation of the establishment of the neighboring mortgage in subrogation of B, which is insolvent, for the preservation of the credit for acquisition money

2. Judgment on the defendant's assertion

A. The Defendant alleged on January 27, 2004, lent KRW 10,496,00 to B, set up the instant mortgage for the security. On October 21, 2004, the Defendant acquired the ownership of the instant land from B as payment in lieu of the above borrowed debt.

When a limited object has become the object of a third party's right, that is, when it is necessary to maintain a limited real right for the benefit of the principal or a third party, it shall be extinguished by confusion.