1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 24, 2001, the Defendant entered into a contract to establish a mortgage (hereinafter “mortgage”) with a maximum debt amount of KRW 70,000,000 with respect to 1/2 shares (hereinafter “the instant real estate”) out of the real estate indicated in the separate sheet as indicated in B, and completed the registration of establishment of a mortgage as to the instant real estate on February 27, 2002 as stated in the purport of the claim.

B. The Plaintiff filed a claim for reimbursement against B with the Gwangju District Court 2014Kadan507179, and the said court rendered a judgment on September 23, 2014 that “B shall pay damages for delay to the Plaintiff KRW 36,604,810 and KRW 34,959,800,” and the instant judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the secured claim of the instant right to collateral does not exist, or the secured claim of the instant right to collateral of this case is extinguished upon the lapse of the extinctive prescription, and thus, in this case, the Plaintiff’s claim by subrogation of B in order to preserve the judgment claim of this case, the Defendant is obliged to perform the registration procedure of cancellation of the instant

B. The defendant alleged on December 20, 2001, lent KRW 70 million to B on December 24, 2007 at the due date, and set up the instant right to collateral security to secure the above loan claims. The right to collateral security of the instant right to collateral security has not yet expired.

3. Determination

A. 1) The Plaintiff did not complete the registration of provisional seizure on the instant real estate at the time when the Defendant completed the instant right to collateral security. 2) The Plaintiff filed a provisional seizure registration against B with the Gwangju District Court 2002Kadan22564 regarding the instant real estate in order to preserve the claim for indemnity that was the cause of the instant judgment.