1. The defendant completed on August 27, 2002 as to the motor vehicles listed in the attached list to the plaintiff.

1. The following facts of recognition may be acknowledged, either as confessions between the parties, or as a whole, by taking account of the respective entries in Gap evidence 1 to 3 (including paper numbers) and the whole purport of pleadings:

On August 27, 2002, the Plaintiff borrowed KRW 4.5 million from the Defendant, the business purpose of which is the loan business, etc., for three months from the date of repayment.

(hereinafter “instant debt”). (b)

On August 27, 2002, the Plaintiff completed the registration of the creation of mortgage (hereinafter “registration of the creation of mortgage of this case”) in relation to the motor vehicles listed in the attached list (hereinafter “the instant motor vehicles”) to the Defendant on August 27, 2002, as stated in the attached list (hereinafter “the instant motor vehicles”).

C. On April 17, 2012, the Plaintiff filed an application for bankruptcy and immunity with Suwon District Court 2010Hadan8064, 2010 8064, and received a decision of exemption from liability from the said court.

The above exemption decision was confirmed on May 3, 2012.

2. Determination as to the cause of claim

A. The plaintiff asserts that since the debt of this case was extinguished by the decision of exemption of this case, the registration of mortgage of this case should be cancelled.

However, exemption means that a debtor in bankruptcy still exists, but it is not possible to compel him/her to perform his/her obligation (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). Furthermore, Article 411 of the Debtor Rehabilitation and Bankruptcy Act provides that "any person who holds a right of retention, a pledge, a mortgage, or a right to lease on a deposit basis, which exists in the property belonging to a bankruptcy estate, shall have the right to separation of the property that is the subject matter thereof." Article 412 of the same Act provides that "The right to separate payment shall be exercised without resorting to bankruptcy proceedings." Article 567 of the same Act provides that "The exemption does not affect the right that a bankruptcy creditor holds against a debtor and any other person who bears an obligation together with the debtor, and any security provided for a bankruptcy creditor." The mortgage established on the motor vehicle