1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. D around July 10, 2003, L loaned KRW 100 million (hereinafter “instant loan”) to F introduced through G around July 10, 2003, at the maturity of payment three months from the date of the loan, and the interest rate at 2% per month.

B. On July 14, 2003, D completed the registration of the establishment of a new mortgage on the instant real estate owned by the Plaintiff, with respect to the instant real estate, with the maximum debt amount of KRW 130 million, the debtor H (F) and the mortgagee D.

C. On January 31, 2004, with regard to the registration of the establishment of the mortgage of this case on January 31, 2004, the additional registration of the transfer of the right to collateral security (hereinafter the “registration of the right to collateral security”) was completed under the name of the defendant on January 28, 2004.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1, D of the first instance trial witness, F's testimony, testimony of party-trial witness G, the purport of whole pleadings

2. Determination as to the cause of claim

A. 1) The Defendant is obligated to implement the procedure for cancelling the registration of cancelling the registration of the establishment of the instant neighboring mortgage on the following grounds: (a) The registration of the establishment of the instant neighboring mortgage is invalid without any cause relationship; and (b) the Defendant has completed the registration of the establishment of the instant neighboring mortgage without any cause relationship. Therefore, the registration of the establishment of the instant neighboring neighboring mortgage should be cancelled.

B) Even if not, the time limit for repayment of the instant loan claim, which is the secured claim of the instant right to collateral security, is October 14, 2003, and the time limit for repayment of the instant loan claim has expired on October 14, 2008 or October 14, 2013 after the lapse of 5 years thereafter, the registration of creation of the instant collateral security should be cancelled. (2) The Defendant lent KRW 100 million to F on January 28, 2004, and took over the instant collateral security under the Plaintiff’s consent. Even if not, even if not, the Defendant paid KRW 100 million to D on January 28, 2004, and subrogated for the instant loan obligation.