1. The defendant on July 2001, 2001, with respect to the land size of 18744m2 in Jeonnam-do, Jeonnam-do.

1. Facts of recognition;

A. The Plaintiff is the owner of the instant real estate, which completed the registration of ownership transfer (the cause of registration: November 20, 2009) on January 4, 2010 with respect to the forest land C, 18744 square meters (hereinafter “instant real estate”) in Jeonnam-do, Jeonnam-do.

B. As to the instant real estate, the Defendant completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”) with the Gwangju District Court No. 13479, Jul. 13, 2001, under the Act No. 13479, which was received on July 13, 2001.

[Reasons for Recognition: Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings]

2. Determination:

A. The Plaintiff asserts that the extinctive prescription of the claim secured by the right to collateral security of this case has expired, and sought the cancellation of the registration of creation of the right to collateral security of this case.

On the other hand, since a claim without setting a deadline can be exercised from the time of its establishment, the extinctive prescription shall run from that time. There is no evidence to prove that the due date for the secured claim of this case has been set, and the due date for the secured claim of this case shall be July 12, 2001, which is the date of the conclusion of the contract, and it is apparent that ten years have passed thereafter.

Therefore, the secured claim of the instant right to collateral security was extinguished by the completion of prescription on July 12, 201, except in extenuating circumstances.

B. The real estate of this case is originally owned by the defendant and the non-party E (hereinafter referred to as the "the deceased"), who is the father of the defendant and D (hereinafter referred to as the "the deceased"), and donated this to the defendant under a title trust with D, and the defendant established the right to collateral security of this case in order to preserve the right to claim ownership transfer of the real estate of this case against D, and the plaintiff, who was transferred the ownership of the real estate of this case as the spouse D, claims the completion of the extinctive prescription against