1. The defendant on September 24, 2002, as to each real estate stated in the attached list to the plaintiff, Busan District Court's Northern District Court's registry office.

1.The following facts of recognition may be found either in dispute between the parties or in each entry in Gap evidence 1 and 2 (including paper numbers) by integrating the purpose of the entire pleadings.

Since September 25, 2002, C, which is the Plaintiff, engaged in wholesale and retail business, such as bedclothes, with the trade name “D”.

B. On September 24, 2002, in order to secure the Defendant’s obligation for the price of bedclothes supplied by C (hereinafter “instant obligation”), the Plaintiff completed the registration of the establishment of the mortgage over the obligor C (hereinafter “registration of the establishment of the mortgage”) with respect to each real estate indicated in the attached list, owned by the Defendant, as the Busan District Court’s receipt of the maximum debt amount No. 86236, Sept. 24, 2002, the Busan District Court’s receipt of the attached list No. 86236, Sept. 24, 2002.

C. However, C, while operating a bedclothes supplied by the Defendant, closed the business on May 30, 2003 due to business depression, etc., and discontinued transactions with the Defendant.

2. Determination

A. The Plaintiff alleged that, around the other hand, C returned bedclothes supplied by the Defendant at the time of the closure of the business and the suspension of the transaction, and settled all of the instant debt with the Defendant, the Plaintiff asserted that there was no secured debt of the instant mortgage, and that the instant debt was extinguished as a preliminary completion of prescription, and sought implementation of the registration procedure for cancellation of the registration of the establishment of the instant neighboring mortgage.

B. 1) Determination of the main assertion is insufficient to find that C returns the bedclothes supplied by the Defendant to the Defendant at the time of the closure and suspension of transaction as well as settled the instant debt between the Defendant. The Plaintiff’s assertion in this part is without merit, based on the facts found above, based on the judgment of the lower court as to the main assertion, the instant obligation, which is the secured obligation of the registration of creation of a neighboring mortgage, is a commercial obligation and five years.