1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On February 20, 2012, F Co., Ltd. received a decision of performance recommendation that “D shall pay to FF Bank 12,860,056 won and 11,654,791 won, whichever is applicable, at the rate of 25% per annum from December 19, 2011 to the date of full payment,” and the said decision of performance recommendation became final and conclusive on March 24, 2012.

B. On August 19, 2019, the Plaintiff acquired a claim based on the decision on performance recommendation from F Co., Ltd., and received an execution clause succeeding thereto on August 19, 2019, and the said execution clause succeeding thereto was delivered to D on August 21, 2019.

C. On June 25, 2007, D entered into a mortgage agreement on the instant share with the Defendant, one’s own partner, and completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage”) No. 48091, Jun. 27, 2007, which was received as the Defendant of the maximum debt amount of KRW 150,000,000,000 on the ground of such agreement.

D is currently insolvent in which the small-sized property exceeds active property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Since the secured debt of the Plaintiff’s claim was extinguished by the completion of extinctive prescription since 10 years from June 25, 2007, which was the date of the contract, the contract was concluded, the Plaintiff sought cancellation of the registration of creation of a mortgage of this case from the Defendant by subrogation of D in order to preserve the above claim as a creditor of D.

B. In this case, it is apparent that 10 years have elapsed since the date of entering into the contract to establish the instant mortgage prior to the filing of the instant lawsuit. However, according to the evidence No. 4-3 of this case, even after August 2010, the Defendant transferred the amount of KRW 28 million to D five times even after the lapse of 10 years since the date of entering into the instant lawsuit. Thus, the unique nature of the right to collateral security increases or decreases in the future.