1. The defendant shall receive on October 13, 1993 from the previous District Court, the previous District Court, the registration office of the previous District Court with respect to the real estate stated in the annexed list B.

1. Facts of recognition;

A. On August 14, 2014, the Plaintiff filed a lawsuit against B on April 24, 2014 with the Jeonju District Court 2014da51973 for the claim for the amount of transfer income, and on August 14, 2014, the Plaintiff’s judgment became final and conclusive as follows: “B received from May 29, 1996 for the Plaintiff KRW 139,959,505, and for KRW 46,901,826, the amount of KRW 32,175,451 from May 22, 1996 to October 9, 198; KRW 20% per annum from the following following day to February 23, 199; and KRW 18% per annum from the next day to the date of full payment.”

B. On October 8, 1993, the Defendant completed the registration of the establishment of a mortgage on the real estate indicated in the separate sheet (hereinafter “the instant real estate”) owned by B on October 13, 1993 (hereinafter “the creation of a mortgage on the instant real estate”). The Defendant completed the registration of the establishment of a mortgage on the part of the obligor B and the mortgagee (hereinafter “the establishment of a mortgage on the instant real estate”).

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

2. The parties' assertion

A. The Plaintiff, who has a claim for transfer money 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 repayment or extinctive prescription.

B. Defendant’s assertion ① A lent KRW 20 million to B, but did not communicate with B, and thus, the instant mortgage was established. Therefore, there is a secured debt of the instant mortgage.

② A paid 10,00,000 won to the Defendant as interest for the above borrowed money, and the above borrowed money is to be repaid to the Defendant.

The plaintiff did not contact with B again, and ten years have passed thereafter, but this case.