1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On December 18, 2001, the Defendant completed on March 26, 2002 the registration of creation of a neighboring mortgage of KRW 100 million (hereinafter “registration of creation of a neighboring mortgage”) regarding the Plaintiff’s share 2/30 out of the real estate stated in the purport of the claim on March 26, 2002 (hereinafter “instant real estate”) for the purpose of lending KRW 30 million to the Plaintiff and securing the said loan (hereinafter “instant loan”).

[Ground of recognition] The entry of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s repayment period of the instant loan was December 31, 2002, and thus, the instant loan claim expired on December 31, 2012.

Therefore, the defendant is obligated to cancel the registration of the establishment of the neighboring mortgage of this case to the plaintiff.

B. The repayment period for the instant loan asserted by the Defendant is "when the Plaintiff receives compensation because the instant real estate was expropriated." Since around 2006, it was clear that it was impossible for the Plaintiff to receive compensation for expropriation of the instant real estate, the extinctive prescription will run from that time.

On September 2, 2015, prior to the expiration of the extinctive prescription, the Defendant submitted a written reply and asserted for the Plaintiff’s claim, and thus, the extinctive prescription was interrupted. Even if the extinctive prescription has expired, the Plaintiff renounced the benefits of prescription by approving the Defendant’s obligation to pay the instant loan, on September 2015

3. First of all, I examine the repayment period of the instant loan.

The Defendant alleged that the Plaintiff issued a promissory note (Evidence No. 1) to the Defendant on December 31, 2002 for the purpose of securing the instant loan claim, taking into account the following circumstances: (a) the Plaintiff’s assertion that the amount was KRW 80 million, and the due date was not sufficient to recognize that the Plaintiff agreed to repay the instant loan when receiving the compensation for expropriation of the instant real estate; and (b) the period of repayment of the instant loan was determined on December 31, 2002.

Therefore, the instant loan claims on December 2012.