1. The defendant received on February 17, 2001 from the Daegu District Court Kimcheon- Branch on real estate stated in the attached list to the plaintiff.

1. Basic facts

A. On November 28, 2007, the Plaintiff filed a claim for reimbursement against B, the owner of the real estate listed in the separate sheet (hereinafter “the instant real estate”), with the payment order stating that “B shall pay to the Plaintiff the amount of KRW 19,513,733 per annum from October 11, 2007 to the date of delivery of the instant payment order, 15% per annum from the following day to the date of full payment, and 20% per annum from the next day to the date of full payment,” which became final and conclusive on December 19, 2007.

B. B completed the registration of the establishment of a mortgage on the instant real estate to the Defendant who made a job of friendship with the Daegu District Court (Seoul District Court Decision 2993, Feb. 17, 2001, which was received on February 17, 2001, the maximum debt amount of which was KRW 30 million, on the ground of the agreement to establish a mortgage on February 15, 201.

(hereinafter “the instant mortgage contract” and “the instant establishment registration of a mortgage”).

C. B appears to have no particular property other than the instant real estate, and the provisional seizure by multiple creditors regarding the instant real estate was completed.

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

2. The parties' assertion

A. The plaintiff's assertion is not confirmed that the defendant lent money to B, and since the defendant's claim is null and void, the registration of the establishment of the creation of the root of this case must be cancelled

Even if the Defendant’s bonds exist, the registration of creation of a mortgage of this case should be cancelled as the completion of prescription was completed ten years after the bond was created on February 15, 2001.

Accordingly, the plaintiff, who is the creditor of B, seeks the cancellation of the registration of the establishment of the neighboring mortgage of this case by subrogation of B.

B. The defendant's assertion that the defendant lent B a loan of KRW 15 million on October 1994, and KRW 5 million on June 5, 1995, and completed the registration of the establishment of the neighboring mortgage of this case on February 17, 2001.

The defendant shall pay interest one and two times each year from B.