1. The Plaintiff:

A. As to the area of 60 square meters in Nam-gu Busan Metropolitan City, the defendant B shall be the Namsan Branch of the District Court and the Busan Busan Branch of the District Court.

1. Basic facts

A. The Plaintiff is the owner of the Nam-gu Busan Metropolitan City C Dae-gu 60 square meters (hereinafter referred to as “instant real estate”)

B. On December 29, 1997, the Plaintiff entered into a mortgage contract with Defendant B with a maximum debt amount of KRW 14,000,000 with respect to the instant real estate, and on December 30, 1997, the Plaintiff registered the establishment of a neighboring mortgage with the Busan District Court No. 66367 as to the instant real estate to Defendant B on December 30, 1997.

(B) At the time of the establishment of the instant right to collateral security, D, the Plaintiff, at the time of the establishment of the instant right to collateral security, borrowed KRW 10 million from Defendant B at the maturity of 100 days after the maturity of payment, and the instant right to collateral security was created to secure this.

C. The Defendant Korea Technology Finance Corporation seized the instant collateral security claims with the Busan District Court Western Branch Decision 2019TTB106838, and on August 28, 2019, the registration of the attachment was entered on the instant real estate.

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

2. On the other hand, the Plaintiff asserts that since the secured claim of the instant right of collateral has expired ten years since the date of establishment or due date of payment of the instant right of collateral, the instant right of collateral should be cancelled, and Defendant Korea Technology Finance Corporation, who is an interested party in the registration, should express its consent on the registration of cancellation.

According to the above facts, the period of repayment of the loan to Defendant B, the secured debt of the instant right to collateral security, can be known to the lapse of 100 days from December 29, 1997, which was the date of establishment of the instant right to collateral security, and it is apparent that the period of repayment of the loan to Defendant B, which was the secured debt of the instant right to collateral security, has lapsed ten years from the due date. Thus, the secured debt of the instant right to collateral security has expired by prescription

Defendant B shall implement the procedure for registration of cancellation of the registration of the establishment of the neighboring mortgage of this case to the Plaintiff.