1. The defendant, on December 5, 1997, on the share of 1/2 out of 21,223 square meters of C Forest land in Yangsan-si, Yangsan District Court, Yangsan-si, Yangsan-si.

1. Basic facts

A. On March 11, 2010, the Plaintiff filed a lawsuit for the claim for transfer money against B as the Ulsan District Court 2010Kadan7781, and the said court rendered a judgment on August 13, 2010 that “B shall pay to the Plaintiff KRW 21,026,705,” and the said judgment became final and conclusive on September 2, 2010.

B. B on December 5, 1997, with respect to the real estate set forth in Paragraph (1) of the order of the Defendant on the ground of the contract to establish the right to collateral on February 4, 1997, the “right to collateral security” refers to the right to collateral security of which the maximum debt amount is KRW 40 million,00,000.

(C) A. B is currently insolvent in excess of active property. [Grounds for recognition] The fact that there is no dispute, A. 1 and 2 (each entry, including serial number, and the purport of the whole pleadings.]

2. The parties' assertion

A. The purport of the Plaintiff’s assertion is that the secured debt of the instant right to collateral security has expired after ten years from February 4, 1997, which was the date on which the cause of registration was the date, and the statute of limitations expired. Thus, the Plaintiff seeks cancellation of the instant right to collateral security by subrogation of B in order to preserve B’s claim as the creditor of the instant right.

B. The gist of the Defendant’s assertion is to secure the Defendant’s damage claim of KRW 30 million against B, and the Defendant has not been repaid from B until now.

3. Determination as to the cause of action

A. The Defendant’s damage claim against B, the secured claim of the instant right to collateral security, as to the expiration of the extinctive prescription, did not otherwise set the due date, and the establishment date of the instant claim appears to have been February 4, 1997, which is the date of the registration date of the instant right to collateral security. Since the fact that ten years have elapsed from the establishment date of the instant claim is apparent from the date of the establishment date of the instant claim, the said damage claim had already expired prior

B. As the secured debt of the instant right to collateral security has ceased to exist upon the completion of the extinctive prescription, the Defendant’s instant right to collateral security against B.