1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement between B and Dong Agricultural Cooperative (hereinafter “Gucheon-dong Agricultural Cooperative”) in obtaining a mutual financial special long-term loan from Dongcheon-dong Agricultural Cooperative (hereinafter “Gucheon-dong Agricultural Cooperative”), and B obtained a credit guarantee agreement from the Plaintiff on April 6, 200, and borrowed KRW 10,000,000 from Dongcheon-dong Agricultural Cooperative.

B. A credit guarantee accident occurred due to delay in the repayment of the above principal and interest of the loan, and the Plaintiff subrogated to KRW 11,437,625, including the principal and interest of the loan to the Gucheon Agricultural Cooperatives on April 19, 2003 pursuant to the above credit guarantee agreement.

C. Meanwhile, regarding the real estate listed in the separate sheet (hereinafter “instant real estate”), B completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) against the Defendant on the ground of the contract concluded on March 10, 200 with the Jeonju District Court Heading District Court No. 1229, Mar. 10, 200, which was received on February 21, 200, the maximum debt amount is KRW 60,000,000, and the debtor B and the mortgagee as the Defendant.

B is currently insolvent, and the defendant is the fraud of B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The registration of the establishment of a new mortgage of the instant case, the purport of the Plaintiff’s assertion, was that the secured debt did not exist, was falsely completed for the purpose of evading obligations, or even if the secured debt was actually existing, the extinctive prescription was completed, and thus, the Defendant is obligated to cancel the registration of the establishment of a new mortgage of the instant case to B upon the Plaintiff’s

B. The right to collateral security is established for the purpose of securing a certain range of unspecified claims arising from a continuous transaction in the future, which is established by setting the maximum amount of the obligation to be secured and reserving the determination of the obligation in the future.