1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 26, 2019, the Plaintiff filed an application with B for a payment order against the Busan District Court Branch of the Dong Branch of the Busan District Court for the payment order for the amount of money transferred to him/her as KRW 76,154,680, and KRW 26,164,97 from August 19, 2019 to the date of full payment. The above payment order was finalized on September 12, 2019.

B. On February 3, 2009, the establishment registration of the right to collateral security (hereinafter “registration of the right to collateral security”) was completed with the maximum amount of KRW 60,000,000, B, and the Defendant of the right to collateral security (hereinafter “registration of the establishment of each right to collateral security”) as the receipt of the claim No. 1315 on February 5, 2009, by reason of the contract to establish the contract on each of the instant real property owned B.

(c)

On February 3, 2009, the Defendant lent KRW 60,000,000 to B, and completed the registration of establishment of a low interest rate for each of the instant loans to secure the payment of the above loans, and filed an application against B for a payment order for loans (the Daejeon District Court Branch Decision 2019j57) seeking payment of loans.

On January 29, 2019, “B shall pay 60,000,000 won to the Defendant and 5% per annum from February 4, 2009 to the service date of the original copy of the instant payment order, and 15% per annum from the following day to the service date of the original copy of the instant payment order,” the payment order (hereinafter “instant payment order”) was issued. The instant payment order was served on B on January 30, 2019, and was finalized on February 14, 2019.

(d)

B has no financial ability at present.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including each number if there are several numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. As seen earlier, the determination on the cause of the claim appears to have arisen on February 3, 2009, each of the instant claims for loans, which are the secured debt for the establishment of the lower right and the registration of the establishment of the lower right, is significant in this court. The lawsuit of this case was filed on July 17, 2020 after the lapse of 10 years from the lawsuit of this case.

Therefore, prior to the closure date of the instant pleadings.