1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. C entered into a credit guarantee agreement with the Plaintiff on March 20, 200, and submitted the credit guarantee agreement to obtain a loan of KRW 10,000,000 from Changcheon Agricultural Cooperative.

B. C caused an accident of guarantee by delinquency in paying the principal and interest of the above loan. The Plaintiff subrogated for KRW 1,605,945 on July 26, 2002, and the amount of the claim for indemnity as of June 8, 2017 is KRW 37,395,540.

C. Since then, C died on March 21, 201, and son’s children were solely inherited on September 27, 201 through a share of inheritance consultation with respect to “the forest land of this case” hereinafter) in the Gu-U.S., Seoul District Court Decision 201Hun-Ga 2, Sept. 27, 201.

On the other hand, on October 5, 200, C completed the registration of creation of a mortgage on the forest of this case (hereinafter “registration of creation of a mortgage on the forest of this case”) under Article 12522 of the old District Court of Daegu as the debtor C, the maximum debt amount of 70,000,000.

E. Accordingly, the Plaintiff seeks to cancel the registration of the establishment of the mortgage of this case on the ground that the secured debt of this case was false or has already been expired by subrogation of D.

2. On this determination, the Defendant asserts that the claim secured by the right to collateral of this case is not false, and that the extinctive prescription has not been completed as long as the period of extinctive prescription had been interrupted due to repayment of interest, etc. from time to time by C, and as long as prescription

According to the statement of Dop, Eul 1, Eul 3 through 9 (including serial serial numbers), the defendant seems to have registered the creation of a neighboring mortgage by being provided the forest land of this case as a collateral by C in order to secure monetary transactions, such as lending of cash and bill discount, etc., which were between D and D as an employee of the company operated by D at the time.

In addition, in the name of D and D’s children E, etc., it can be known that a small amount of money has been remitted to the Defendant over several times from July 2002 to May 29, 2013.