1. The plaintiff's claim is dismissed.

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

Basic Facts

B borrowed 15,00,000 won from the Port Fisheries Cooperatives on February 8, 1994, and around that time, the Plaintiff entered into a credit guarantee consignment agreement with respect to the loans borrowed from the Port Fisheries Cooperatives of this Chapter.

B did not perform the obligation of loans to the head of Si/Gun/Gu fisheries cooperative. On December 30, 2002, the Plaintiff repaid the principal of the loan to the head of Si/Gun/Gu in lieu of KRW 15,000,000 and interest KRW 1,385,752 in accordance with the credit guarantee consignment agreement with B, and in the process, paid KRW 152,200.

B on June 26, 1997, on the instant land owned by oneself, the Jeonju District Court: (a) on the registration and acceptance of the Gunsan Branch of the Jeonju District Court, set up a maximum debt amount of KRW 160,000,000; and (b) the right to collateral security (hereinafter “instant right to collateral security”) against the obligor B.

[Ground of recognition] The defendant is a person who has no dispute over the following facts: Gap's evidence Nos. 1 through 6; the judgment as to the ground for a claim as to the purport of the entire pleadings; the secured debt of this case; D's loan obligation of KRW 100,000,000, which was loaned to B twice on November 26, 1994 and June 13, 1997.

Therefore, since the secured debt of the instant right to collateral security has passed 10 years since the lease date, the completion of the statute of limitations was extinguished.

The plaintiff, as a creditor of B, sought the cancellation of the right to collateral security of this case from the defendant on behalf of B, and the defendant is obligated to perform the procedure for cancellation registration of the right to collateral security of this case on account of the extinguishment of the right to collateral security.

The defendant's defense, etc. asserts that since the plaintiff's claim against B was extinguished by prescription, the plaintiff's claim against B is not entitled to seek cancellation of the right to collateral security in subrogation of the plaintiff.

However, the creditor claims against the third party by exercising the subrogation right.