1. The defendant on September 27, 1994, on the part of the non-party B, as to the 1,035 square meters in Ansan-si, the Daegu District Court's Ansan-dong Branch, etc.

1. Basic facts

A. On September 21, 2005, the Plaintiff filed a lawsuit against B for the claim for reimbursement against the Seoul Central District Court 2005Gada185334, and on September 21, 2005, the said court rendered a decision of performance recommendation that “B jointly and severally with D about KRW 13,272,086 and KRW 1,756,901 as to KRW 17% per annum from August 24, 2005 to the date of full payment,” which stated that “B, etc. shall pay the amount equivalent to 17% per annum from August 24, 2005 to the date of full payment.” The said decision became final and conclusive on October 1, 2005

Meanwhile, the amount of claims against the Plaintiff’s B is KRW 17,09,350 as of July 4, 2013.

B. B made the registration of creation of mortgage (hereinafter “instant mortgage registration”) to the Defendant on the ground of the contract concluded on September 27, 1994 as the same day by the No. 26831, which was received on September 27, 1994, with respect to the 1035 square meters (hereinafter “instant land”), the Daegu District Court rendered the Defendant the registration of creation of mortgage (hereinafter “instant mortgage registration”) with respect to the Defendant, B, and the maximum debt amount of KRW 30 million.

C. The land of this case is the only real estate B, and its value is merely 10,431,663 won based on the officially announced value, and it does not reach the Plaintiff’s claim amount.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap Nos. 1, 2 and 3, fact inquiry inquiry to the Ministry of Land, Transport and Maritime Affairs, and the purport of the whole pleadings

2. Determination:

A. The summary of the parties’ assertion is that the registration of the instant mortgage is based on the contract to establish a false mortgage concluded with the Defendant, although the Plaintiff did not have a debt against the Defendant, or is null and void, or even if not, the secured debt has become extinct upon the completion of extinctive prescription, the Plaintiff seeks cancellation of the registration of the establishment of a mortgage of the instant case by subrogationing B as a creditor.

The defendant was registered as the right to collateral security in this case in order to lend KRW 15 million to B upon the request of pro-Japanese, and to secure its repayment. 3 million won for the remainder of KRW 10 million after collecting only five million, which is a part of the right to collateral security in this case from B.