1. The Defendants, on January 30, 2003, shall apply to E with respect to F field 2,553m2,53m2 in Jeonnam-gun, Jeonnam-gun, Gwangju District Court (hereinafter “Seoul Maritime Court”).

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against E with the Seoul Central District Court 2013 Ghana50556, and on January 16, 2014, the said court rendered a judgment that “E shall pay to the Plaintiff the amount calculated at the rate of 19.8% per annum from July 1, 2013 to the date of full payment.” The said judgment became final and conclusive on February 12, 2014.

B. G completed the registration of the establishment of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the FY 2,553m2,53m2 in Jeonnam-gun, Jeonnam-gun, Gwangju District Court on January 30, 2003, which was received on January 30, 2003, and KRW 16 million with respect to the establishment of a mortgage (hereinafter “instant collateral security”).

C. Meanwhile, G died on January 11, 201, and the Defendants, their children, succeeded to G’s rights and obligations.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) Plaintiff 1 did not have any secured debt of this case, and even if the secured debt exists, even if 10 years have elapsed since the date of establishment of the instant secured debt, the extinctive prescription of the secured debt expired. Therefore, Plaintiff seek to cancel the registration of the establishment of the instant mortgage against the Defendants by subrogationing E as E’s creditors. 2) The Defendants against the Defendants are set up the instant secured debt in order to secure that the net G lent KRW 15 million to E and secure this.

B. Determination 1) The right to collateral security is a mortgage established by setting only the maximum amount of the obligation to be secured and reserving the determination of the obligation in the future (Article 357(1) of the Civil Act). Since continuous transactional relationship is a security right established to secure a certain range of unspecified claims arising from the continuous transactional relationship, there is a legal act establishing the secured claim of the right to collateral security, separate from the act of establishing the right to collateral security.