1. The defendant shall issue to B the Jeonju District Court No. 87630 of September 1, 1999 with respect to each real estate listed in the separate sheet.

1. Facts of recognition;

A. On March 31, 2015, the Plaintiff filed an application with the Jeonju District Court for a payment order seeking reimbursement against B as the Jeonju District Court 2015 tea1436. On April 1, 2015, the said court ordered the Plaintiff to pay KRW 61,547,705 and KRW 25,877,360 per annum from March 27, 2015 to the date of full payment. The said payment order became final and conclusive on April 23, 2015.

B. On September 1, 1999, the Defendant completed the registration of creation of a mortgage on each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by B on September 1, 199, with respect to the establishment of a mortgage on each of the following real estate (hereinafter “instant real estate”), which was established on August 31, 199 by the maximum debt amount, KRW 30 million, B, and the Defendant’s neighboring mortgage holders (hereinafter “registration of creation of a mortgage on each of the instant real estate”).

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

2. The parties' assertion

A. The Plaintiff, who has a claim for reimbursement against the Plaintiff’s assertion B, seeks to cancel the registration of the establishment of the mortgage of this case in subrogation of insolvent B on the following grounds.

① The instant right to collateral security has no secured obligation, and thus, should be cancelled due to the invalidity of the cause.

② The secured obligation of the instant right to collateral security was extinguished upon the completion of extinctive prescription.

B. The defendant's assertion 1: (a) the defendant requested the defendant to lend money to the defendant as it is necessary to open the restaurant business of C, who is a child; and (b) the defendant lent 30 million won interest per annum to B without having set the due date for payment; and (c) completed the registration of establishment of the creation of the mortgage of this case in the name of the defendant. Therefore, there is a secured debt of this case

② On December 29, 2003, the Defendant received 1 million won from C for each interest order on the above loan, and appropriated 4 million won for the principal after receiving payment from C on December 29, 2003.