1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff completed the registration of share ownership transfer on February 8, 2003 with respect to shares of 16529/9074 (hereinafter “instant real estate”) out of the real estate listed in the separate sheet listed in C’s attached list as follows: (a) the old case registry office of the Gwangju District Court’s Macheon-gu Branch of the District Court was completed.

B. As to the instant real estate, the Defendant completed the registration of establishment of a mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The secured debt of the Plaintiff’s claim was extinguished upon full repayment by C, or even if the secured debt exists, ten years have passed since the expiration of the statute of limitations from December 28, 192, when the establishment registration of the mortgage of the instant neighboring area was completed, and the statute of limitations expired.

B. The defendant alleged that the defendant lent KRW 100 million to the non-party D, and the non-party C provided the real estate of this case to secure the defendant's above loans to the non-party D.

However, since D continues to pay the principal, including interest, to the Defendant, the secured debt of the instant right to collateral security has not been completed.

3. Determination

A. The plaintiff alleged that the secured debt of the instant case was extinguished by C’s repayment, but there is no evidence to acknowledge this. Thus, the plaintiff’s assertion in this part is without merit.

B. The Plaintiff asserts that the secured claim of the instant right to collateral has expired by prescription, and thus, 10 years have elapsed from December 28, 1992, when the establishment registration of the instant right to collateral was completed.