1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 12, 197, the Plaintiff’s father, concluded a monetary loan agreement with the Housing Business Mutual Aid Association, and completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each real estate of this case”) on December 12, 1997.

B. On June 26, 200, the Plaintiff donated each of the instant real estate from the above B, and completed the registration of ownership transfer in the name of the Plaintiff on June 27, 2000.

C. On June 28, 2013, the claims for loans, which are the claims secured by the instant right to collateral security, were transferred in sequence to the Defendant on September 9, 2014, Non-Party CBC Loan Co., Ltd., and December 16, 2016, and accordingly, the additional registration prior to the registration was completed in order with regard to the establishment registration of the instant right to collateral security.

[Ground of recognition] The evidence No. 1-6, Eul evidence No. 2, Eul evidence No. 3-1, No. 2, Eul evidence No. 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the extinctive prescription of the loan claim, which is the secured claim of the instant right to collateral security, the defendant is obligated to cancel the registration of establishment of the instant right to collateral security, the defendant asserts that the extinctive prescription of the said claim has not been interrupted and completed.

B. (1) According to the evidence Eul evidence Nos. 5, in order to preserve the secured claim of the instant mortgage, the non-party housing project mutual aid association received a decision on provisional seizure of real estate (the claimed amount of KRW 45,826,871) from the Seoul District Court on Nov. 7, 1997 with respect to the real estate of KRW 965 square meters prior to C, the non-party housing project mutual aid association owned by the above B, and the non-party housing guarantee company that succeeded to the said housing project mutual aid association was issued a decision on Apr. 8, 2002 on the provisional seizure of real estate (the claimed amount of KRW 91,862,502, the claimed amount of KRW 502) with respect to the above land.