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. B, which had been known to the Defendant before June 26, 2003, set up a joint collateral security of the maximum debt amount of 200,000,000 with respect to the instant land and the instant F apartment Nos. 126, 703, and 126, 703, Seo-gu, Daejeon, Seo-gu, which had been owned by it, and completed the registration on June 27, 2003 (with respect to the instant land, the registration stated in the purport of the claim).

B. However, with respect to the above apartment, the defendant renounced the above right to collateral security on April 9, 2004 and completed the registration of cancellation thereof on the same day, and Eul sold the above apartment to D on the same day and completed the registration of transfer of ownership on the 30th of that month.

C. On August 18, 2010, the Seoul Central District Court 2010dan179463 filed a lawsuit against B on the claim for the amount of transfer, and the Defendant (B) was sentenced to the judgment on August 18, 2010 that “The Defendant (C) shall pay 30,000,000 won to the Plaintiff (Dongyang Social Co., Ltd.) and its delay damages.” The above judgment was finalized at that time.

On November 1, 2011, the Korea Social Co., Ltd. (hereinafter referred to as the "Korea Social Co., Ltd.") transferred the above credit to the Plaintiff and notified it to B on March 18, 201.

E. B is currently insolvent.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 4, and 6, the purport of the whole pleadings

2. The parties' assertion

A. Since the right to collateral security of the plaintiff 1's land of this case was established without the secured claim, its registration is null and void, and even if it is not so, the extinctive prescription of the secured claim has expired, so the defendant is obligated to perform the procedure for cancellation of the above registration at the plaintiff's request subrogated B.

B. Defendant 1) The registration of the establishment of the above mortgage was established around November 2002 to lend KRW 200,000 to B without fixing the due date for payment as non-interest and to secure its return. 2) Meanwhile, B paid interest to the Defendant by the end of August 9, 2005, as well as to pay the above money by the end of October 21, 2014.