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1. The defendant is the Busan District Court No. 9187, Feb. 26, 1998 regarding the real estate stated in the separate sheet to B.
Reasons
1. Basic facts
A. On January 17, 2013, the Plaintiff, upon which the payment order became final and conclusive, filed an application with the Plaintiff for a payment order against B seeking the payment of the amount of money for the loan claim that the Plaintiff acquired from the new bank that was a stock company. On January 18, 2013, the court issued the payment order (hereinafter “instant payment order”) stating that “B shall pay to the Plaintiff KRW 120,921,985, and KRW 30,000,000 per annum from January 1, 2013 to the date of full payment (hereinafter “the instant payment order”). The instant payment order was finalized on February 6, 2013.
B. On February 24, 1998, the Defendant registered the creation of a neighboring mortgage in the future of the Defendant as to each real estate listed in the separate sheet (hereinafter “instant loan claim”) and on February 26, 1998, completed the establishment of a neighboring mortgage (hereinafter “mortgage”) as stated in the separate sheet owned by B as to each real estate (hereinafter “instant real estate”) on February 25, 1998, for the purpose of securing the instant loan claim, on the ground of a contract signed by February 25, 1998 as to each real estate listed in the separate sheet owned by B (hereinafter “instant real estate”).
C. Insolvent B, as of the date of the closing of argument in this case, has no particular property except the instant real estate and is in excess of the obligation.
[Ground of recognition] Facts without dispute, Gap 1, 2, and Eul 1 (including virtual numbers), the purport of the whole pleadings
2. The assertion and judgment
A. In light of the fact that there is no change in the legal relationship with the Defendant about the lapse of 10 years after the completion of the instant right to collateral security in the future, the instant right to collateral security should be cancelled since there is no secured claim or the registration of invalidity of cause caused by the false declaration of agreement between the Defendant and B. However, there is no evidence to acknowledge the Plaintiff’s assertion, as well as the instant case.