1. The Defendants are to Nonparty H, and with respect to 5,157 square meters of I forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Cheongju District Court on December 1997.

1. Facts of recognition;

A. On July 24, 1997, the Plaintiff loaned KRW 12 million to H (hereinafter “instant loan”). The amount claimed as KRW 38,058,808, the principal and interest of the instant loan was KRW 3808,808, the Plaintiff received a provisional attachment order of real estate on March 17, 2009 and completed the entry registration on March 17, 2009.

The Plaintiff’s claim for the instant loan against H is KRW 49,550,612, totaling the principal and interest as of March 20, 2013.

B. The deceased J (Death on November 15, 201) is a mortgagee of the right to collateral security, which completed the establishment registration of a mortgage over the maximum debt amount of KRW 60,000 won (hereinafter “instant collateral security”) with the Cheongju District Court No. 21881, Dec. 31, 1997, received as of December 31, 1997, and the Defendants are the successors of the deceased JJ.

C. On December 29, 1997, the Network J established the instant right to collateral security in order to lend KRW 50 million to H without setting the due date for payment and to secure the above loan claims.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, and 5, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that the secured obligation of the instant mortgage was extinguished by the completion of extinctive prescription.

Therefore, the Defendants are obliged to cancel the registration of establishment of a mortgage of the instant neighboring area to H.

The plaintiff seeks the cancellation of the registration of the establishment of the creation of the neighboring mortgage of this case from H in subrogation of the defendants.

B. (1) According to the above facts of recognition, the starting point of the extinctive prescription of the above loan claim against H is around December 29, 1997 where the above claim was established.

Therefore, the statute of limitations expired on December 29, 2007 after the lapse of 10 years from December 29, 1997.

In accordance with Article 369 of the Civil Act, insofar as the above loan claim secured by the right to collateral security has expired due to the expiration of the extinctive prescription period, this case is subject to the appendant nature of the mortgage.