1. Revocation of a judgment of the first instance;

2. Mayang District Court in respect of each real estate listed in the separate sheet.

1. Basic facts

A. Nonparty C, the Plaintiff’s children, worked as a business employee at the Dongyang-dong Department (State) H, and did not deposit the amount of goods to be deposited with the company on or around September 2002.

On February 14, 2003, the Jung-gu District Court, Yangyang-gu, Seoul District Court, No. 7963, which received on February 14, 2003, completed the registration of establishment of the right to collateral security (hereinafter “right to collateral security”) of KRW 80,00,000 for the maximum debt amount as stated in the separate sheet (hereinafter “right to collateral security”) against the Defendant, who was the president of the business office, or must cooperate with the Defendant in a manner presented by the Defendant.

B. On February 8, 2013, the Defendant applied for an auction of real estate rent based on the instant right to collateral security, and received a decision to commence the auction of real estate rent (I; hereinafter “the first auction”) from the Goyang branch of the Ji-Government District Court, and became the highest bidder on August 23, 2013. On September 13, 2013, the Plaintiff filed a lawsuit of objection (2013Da34221) against the claim, and the Defendant withdrawn the said voluntary auction on September 26, 2013. C. The Defendant applied for a ruling to commence the auction of real estate rent on August 10, 2015, and received a decision to commence the auction of real estate rent (hereinafter “the second auction”) from the said court.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence Nos. 4 through 11, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant mortgage establishment registration was null and void because there was no secured claim on the instant mortgage establishment registration, and as such, the cause of the instant mortgage establishment registration is deemed null and void. In addition, the extinctive prescription of the secured claim was ten years with commercial claims based on the right to indemnity, and five or ten years with the lapse of the period from February 14, 2003, and the Defendant’s claim was extinguished by prescription. Thus, the instant mortgage establishment registration should be cancelled.