1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion is the creditor of B, and the registration of creation of a mortgage of this case under the defendant's name is deemed to have been made by false conspiracy in light of the fact that (i) although B is in a state of delay in the performance of its obligation, such as being subject to seizure execution, it is deemed that there is no long-term implementation of mortgage; and (ii) even if not, there is no change from July 5, 200 to that of July 5, 200, it is deemed that the secured

Therefore, the establishment registration of a neighboring mortgage of this case should be cancelled as it is invalid or invalidated.

2. According to the reasoning of the evidence Nos. 1 and 2 of the judgment and the whole pleadings, the defendant's wife C lent money to Eul, and the defendant completed the registration of establishment of the neighboring mortgage of this case in order to secure collateral for this, the defendant paid a part of the amount from Eul and died thereafter, and the defendant sent a content-certified mail demanding Eul to pay KRW 5,050,000 to Eul on August 28, 2009, and the above mail was served to D around that time.

According to the above facts, the registration of creation of a new mortgage of this case is effective to secure C’s credit, and there is a claim of 5050,000 won which has not yet been repaid, and it cannot be deemed that the extinctive prescription of this case has not yet expired on August 28, 2009.

Therefore, the plaintiff's claim cannot be accepted.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.