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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 25, 1998, the Plaintiff entered into a credit guarantee agreement between B and the lending institution’s net agricultural cooperatives, the guaranteed amount of KRW 20 million, and the guaranteed period of KRW 8 years. B, upon receiving a loan from the net agricultural cooperatives, submitted a credit guarantee agreement issued by the Plaintiff.
B. On August 30, 2004, the Plaintiff applied for a payment order against B, after paying the principal and interest of interest of unpaid agricultural cooperatives on behalf of B, the Plaintiff applied for a payment order against B as the court 2015 tea 596.
On April 1, 2015, the above court issued a payment order to the effect that “B shall pay to the Plaintiff KRW 10,648,874 and delay damages therefor,” and the above payment order was finalized on July 17, 2015.
C. B, on July 28, 1998, completed the registration of ownership transfer with respect to the real estate of this case with Defendant clan on December 7, 1999, entered into a mortgage agreement with the debtor B, D, E, creditor as Defendant clan, and the maximum debt amount as KRW 100 million with respect to the real estate of this case, and completed the registration of creation of a mortgage agreement with the maximum debt amount of KRW 100 million as of December 9, 1999.
(hereinafter “instant mortgage registration”) D.
B, D, and E are all the members of the clan of the defendant, and B is currently missing.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Since the period of prescription expires after 17 years have elapsed since the registration of the instant right to collateral security was completed, the Defendant is obligated to implement the cancellation registration procedure for the registration of the instant right to collateral security to B.
B. According to the purport of Gap evidence Nos. 1 and Eul evidence Nos. 1 through 4 and the whole pleadings, the facts of recognition are as follows: ① On July 27, 1998, the real estate of this case will be included in B.