1. The defendant shall support the Busan District Court with regard to the portion of 1/3 of the area of 228 square meters in Suwon-gu, Busan District Court.

1. Facts of recognition;

A. The Plaintiff’s claim against B (1) applied for the payment order against B, “The Plaintiff shall pay 48,23,299 won and 15,140,325 won with interest of 29% per annum from November 17, 2017 to the date of complete payment.”

(C) On February 20, 2018, the judicial assistant officer issued a payment order (hereinafter “instant payment order”) at the Plaintiff’s request, and became final and conclusive on February 20, 2018.

B. B-owned real rights and the Defendant’s limited real right (1) on August 6, 2008, the Defendant lent KRW 100 million (hereinafter “instant loan”) to D on August 6, 2008, at the interest rate of 30% per annum, 49% per annum, and the due date on November 5, 2008.

(2) On the date of lending the instant loan, the Defendant: (a) received at the Busan District Court dong Branch Branch of Busan District Court 228 square meters (hereinafter “instant land”); (b) as the receipt of the maximum debt amount of KRW 160 million (hereinafter “instant mortgage”); (c) under Articles 40364 and 40365, “the superficies below the surface right of the instant case”).

(3) Of the instant land, 1/3 shares are owned by B. (3) The instant loan was paid with interest of 50,000,000 won on May 29, 2009, and the principal and interest have not been repaid. (c) The remaining principal amount as of the date was KRW 5,50,000,000,000,000. B’s debt excess status exceeds the value of active property including the instant land share, and the claim subject to the instant payment order is larger than the value of active property including the instant land share, and more negative property including the claim subject to the instant payment order. [In the absence of dispute on the grounds of recognition, evidence Nos. 1 through 3, Nos. 1, 2, and 5, fact-finding reply

2. Determination as to the cause of action

A. Under the fundamental legal doctrine, a person who has pledged his/her property to secure another’s property may claim the completion of extinctive prescription

(see Supreme Court Decision 2018Da38782, Nov. 9, 2018). A creditor may assert the completion of extinctive prescription on behalf of a debtor in order to preserve his/her own claim.

Supreme Court Decision 201Da45888 Decided December 2012