1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C donated each of the instant real estate to the Plaintiff on October 15, 1992, and the Plaintiff completed the registration of ownership transfer on October 16, 1992.

B. On March 30, 1996, the defendant lent 30 million won to C on December 30, 1996 at the rate of 5% per annum of interest, and the plaintiff jointly and severally guaranteed the above obligation of C.

C. In order to secure the above debt on April 2, 1996, the Plaintiff completed the registration of establishment of the mortgage of the Defendant, the obligor, and the mortgagee of the right to collateral security (hereinafter “instant mortgage”).

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the secured claim of this case was extinguished by prescription on December 30, 1996 after the lapse of 10 years from December 30, 1996.

Therefore, the Defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the instant mortgage to the Plaintiff, barring special circumstances.

3. Judgment on the defendant's assertion

A. The gist of the assertion C and the Plaintiff renounced the statute of limitations interest by approving the obligation after the completion of the statute of limitations on the secured claim of the instant mortgage.

B. 1) On December 24, 2013, the Plaintiff filed a lawsuit against the Defendant seeking the cancellation of the registration of the establishment of the instant mortgage (hereinafter “instant previous lawsuit”) in the Daegu District Court Branch of Port Branch of the Daegu District Court (No. 2013Da12523) (hereinafter “instant lawsuit”).

(2) On the other hand, on January 27, 2014, the Defendant filed an application for a voluntary auction of real estate concerning each of the instant real estate with the Daegu District Court Branch Branch D (D) in order to execute the instant mortgage, and the said court rendered a ruling to commence the auction on January 27, 2014.

3. As above, C and the Plaintiff, while the previous lawsuit and the voluntary auction procedure of this case were in progress, shall pay the Defendant a compensation amount of KRW 30 million to the Defendant at the time of establishment of Nam-gu E at port on February 8, 2014.