1. The defendant shall receive, on December 30, 1998, from the Jeonju District Court, the Goju District Court, the Goju District Court, Go Changwon-gun, 1659 square meters.

Basic Facts

The plaintiff entered into a credit guarantee agreement with D, who is a punishment of the defendant, and D was granted a loan from Heduk Agricultural Cooperative upon obtaining a credit guarantee agreement in accordance with the above credit guarantee agreement.

On September 14, 2004, the Plaintiff, based on the credit guarantee agreement, received a provisional attachment order as to the area of 1659 square meters (hereinafter “the instant real estate”) prior to the Jeon Chang-gun, Jeon Chang-gun, Jeon Chang-gun (hereinafter “the instant real estate”). On September 15, 2004, the Plaintiff completed the provisional attachment registration under the Jeonju District Court High District Court 12036 received on September 15, 2004.

D was unable to repay the above loans, and on September 20, 2005, the Plaintiff subrogated the total of KRW 54,400,000 and interest KRW 6,643,087.

On the other hand, D, on December 29, 1998, concluded the mortgage contract of this case as the grounds for registration, with regard to the establishment of a mortgage contract of this case, as the former District Court No. 20037, Dec. 30, 1998, which was received on December 30, 1998, the establishment of a mortgage contract of this case as the maximum debt amount of 18,000,000 won, and the debtor D and the mortgagee as the defendant.

D on October 10, 2016, the defendant's children, completed the registration of ownership transfer on September 1, 2016.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 through 8 (including the number of branch offices), the purport of the whole pleadings, the plaintiff's assertion as to the purport of the whole pleadings, and the purport of the plaintiff's assertion, did not exist from the beginning. Even if there was a existence, the claim secured by the right to collateral security of this case was already repaid or its extinctive prescription was completed in light of the fact that 19 years have elapsed since

The Plaintiff seeks to cancel the registration of establishment of a mortgage of the instant case in subrogation of D as the preserved bond for indemnity acquired by subrogation as the person holding a provisional attachment on the instant real estate by paying the debt of D’s loan on behalf of the Plaintiff.

The summary of the defendant's assertion D is 18,00,000 won from the defendant, one's own living together (hereinafter referred to as "loan of the defendant").