1. The plaintiff's claim is dismissed.

2. On June 10, 2019, this Court rendered an application for the suspension of compulsory execution (No. 20175) by this Court.

1. Facts of recognition;

A. Defendant (formerly: D Company) is a company that manufactures and sells products for young children.

The plaintiff is a person who has operated the defendant's general sales center with E from July 2012.

B. The Plaintiff completed, on July 21, 2015, the registration of the establishment of the mortgage (hereinafter “mortgage”) with respect to the real estate indicated in the attached list (hereinafter “instant real estate”) to the Defendant, as the Suwon District Court, Young-gu Office of Registry No. 138419, which was received on July 21, 2015, the maximum debt amount of KRW 10 million, and the registration of the establishment of the

C. On November 18, 2015, the Plaintiff prepared and rendered a certification of the fact of transaction (hereinafter “certification of the fact of transaction of this case”) to the Defendant, indicating that the outstanding amount against the Defendant by an individual entrepreneur B is KRW 68,816,838.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff completed the instant right of collateral security against the Defendant in order to secure the Defendant’s obligation to pay for the goods.

However, as the Defendant confirmed the outstanding amount on November 18, 2015, the obligation to be secured by the instant right became final and conclusive, and the maturity for payment has arrived. On November 18, 2018, the three-year short-term extinctive prescription period, expired, and the instant right to collateral security also expired due to its influence.

Therefore, the Defendant is obligated to perform the registration procedure for cancellation of the instant mortgage on the ground of the extinguishment of the secured obligation to the Plaintiff.

(b) Where a right to collateral security has been created to secure a debt based on a continuous contract and there is no agreement for duration, if the original obligation expected to be a secured obligation becomes no longer likely to occur due to the termination of the transactional relationship, the remaining obligation will be finalized as a collateral by the right to collateral security; and