1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to the shares 16529/99074 (hereinafter “the instant real estate”) out of the real estate indicated in the attached list, the Defendant completed the registration of establishment of a collateral security (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed claim amounting to KRW 100,000,000 on December 28, 1992, and KRW 6248 on December 28, 1992.

B. On February 8, 2003, the instant real estate owned C acquired ownership due to the registration of ownership transfer in the name of representative director D, and on July 18, 2014, the Plaintiff acquired ownership on the ground of co-owned property partition.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The secured debt of the Plaintiff’s claim for the establishment of the mortgage of the instant case is extinguished upon full repayment by C, or the secured debt exists.

Even if the establishment registration of the neighboring mortgage of this case was completed, the extinctive prescription has expired since the ten-year extinctive prescription period from December 28, 1992.

(B) The Plaintiff asserts to the effect that the instant right to collateral security exists in a divided land of another parcel of land after the closing of argument. However, if a partial share of co-owners is divided in kind with the establishment of the right to collateral security, the right to collateral security remains remaining in accordance with the previous shares in each divided land. Therefore, the Plaintiff’s assertion is without merit).

The defendant's assertion was given a loan of KRW 100 million to E, and C is a surety who provided the instant real estate in order to secure the defendant's above loan to E.

However, since E continues to pay the above loans to the Defendant, the claim secured by the right to collateral security of this case has not been completed.

3. Determination

A. Determination as to whether repayment has ceased to exist is the secured debt of the instant right to collateral security.