1. The defendant shall receive on July 30, 1998 from the Taecheon District Court, Taecheon District Court with respect to each real estate listed in the separate sheet.

1. Basic facts

A. On July 10, 2009, the Plaintiff filed a lawsuit against B for the claim of reimbursement amounting to 2009 Ghana Branch Court 2408, and rendered a favorable judgment against B on July 10, 2009 that “B shall pay to the Plaintiff 5,732,218 won and 5,537,423 won with the interest of 25% per annum from July 15, 1998 to the date of full payment.” The above judgment became final and conclusive around that time.

B. B completed the registration of the creation of the B-mortgage (hereinafter “instant collateral security”) with respect to each real estate listed in the separate sheet owned by the Defendant as the Taecheon District Court No. 4535 of July 30, 1998, which was received on July 30, 1998, the maximum debt amount of KRW 30 million and the debtor B-mortgage (hereinafter “instant collateral security”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that, on behalf of B against the defendant, B entered into a false mortgage contract in collusion with the defendant, since the establishment registration of the neighboring mortgage of this case was null and void due to false conspiracy, and even if the establishment registration of the neighboring mortgage of this case is valid due to the completion of prescription, the establishment registration of the neighboring mortgage of this case should be cancelled due to the non-existence of the secured debt of this case due to the lapse of prescription.

On the other hand, the defendant asserts that around July 1998, the establishment registration of the creation of the neighboring mortgage of this case was completed with the glass payment claim of KRW 30 million against B as the secured claim, and that the above claim has not yet been repaid.

B. According to the purport of the argument in the fact-finding inquiry letter by the Ministry of Land, Infrastructure and Transport as to the debtor B's insolvency, the active property value of B is limited to KRW 63,031,00 as follows, while the value of B's active property is limited to KRW 63,00,000,000,000 against the plaintiff, KRW 24,000,000 against the plaintiff, KRW 66,000 against the obligation of the plaintiff, and the National Agricultural Cooperative Federation.