1. Revocation of a judgment of the first instance;

2. The defendant shall have jurisdiction over the real estate stated in the attached list to the plaintiff.

1. Basic facts

A. On October 22, 1991, H borrowed KRW 40,00,00 from D on behalf of C with a maturity of KRW 30,00,00 on June 22, 1993 as interest rate of KRW 30% per annum (hereinafter “instant loan”). On the same day, H, on behalf of the Plaintiff, completed the registration of creation of a mortgage for the real estate listed in the separate sheet (hereinafter “instant real estate”) on behalf of the Plaintiff, which is owned by the Plaintiff, in order to secure the Plaintiff’s obligation for the instant loan.

(hereinafter “instant collateral security”). At the time of the establishment of the instant collateral security, the instant real estate was set on October 29, 1985 in the name of the Korea Housing and Commercial Bank.

B. The Suwon District Court decided to commence the auction on September 24, 1993 (F) upon the application of the voluntary auction of the real estate based on the instant right to collateral security as to the instant real estate. On the same day, the registration of the decision to commence the auction was completed, but the above voluntary auction procedure was closed on May 16, 1994, and the record was discarded after the lapse of the preservation period.

C. On February 15, 2012, D transferred the claim for the instant loan to the Defendant. On April 17, 2012, the Defendant completed the supplementary registration of the transfer of the right to collateral security in the name of the Defendant on the ground of the transfer of the final claim on February 15, 2012.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1 through 3, and 15, the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the debt of the instant loan, which is the secured debt of the instant right to collateral security, expired after the lapse of the ten-year period from May 16, 1994 when the auction procedure of the real estate deposit filed by D was terminated. Accordingly, the instant right to collateral security also ceased to exist. Accordingly, the Defendant is liable to implement the procedure for registration of cancellation of the registration of the instant right to collateral security on the ground of the extinguishment of the secured obligation to

3. Determination as to the Defendant’s assertion