1. The plaintiff's claim of this case is dismissed.

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

1. Determination as to the cause of claim

A. The Plaintiff’s assertion is a creditor who has claim 416,301,275 won against B and damages for delay.

B With respect to the real estate listed in the separate sheet between the Defendant and the Defendant, on January 1, 2010

8. Concluding a mortgage contract, the Gwangju District Court received on January 12, 2010, and completed the registration of the establishment of the mortgage (hereinafter “mortgage”) which constituted a maximum debt amount of 110,000,000 won.

B is a merchant of the Commercial Act as a person who has engaged in the apartment redevelopment project at the time of lease, and as long as B borrowed money from the defendant for the purpose of redevelopment project fund, the secured obligation of the mortgage of this case is a commercial obligation.

Since the contract to establish the instant mortgage was concluded on January 8, 2010 and five years have elapsed thereafter, the extinctive prescription for the secured obligation of the instant right to collateral was completed, so the instant right to collateral should be cancelled, and the Plaintiff, a creditor of B, seeks to cancel the instant right to collateral by subrogation of B.

B. Since the Plaintiff is a merchant, it seems that the Plaintiff’s lending of funds is also a commercial activity.

However, the evidence submitted by the plaintiff alone is insufficient to recognize the fact that B is a merchant, and there is no other evidence to recognize it.

Therefore, without any need to further examine the remainder of the plaintiff's assertion on this premise.

2. In conclusion, the plaintiff's claim of this case is dismissed. It is so decided as per Disposition.