1. The defendant shall accept on June 27, 2003 the land listed in the separate sheet from the Gwangju District Court in the case of B.

1. Basic facts

A. On June 27, 2003, B completed the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with the land indicated in the attached list owned by it (hereinafter “instant land”) and the Seo-gu Seoul apartment (hereinafter “instant apartment”) located in Daejeon as a joint security, which consists of a maximum debt amount of KRW 200 million in the future of the Defendant.

B. After that, the cancellation registration was completed on April 9, 2004 with respect to the apartment part of the instant apartment among the instant collective security right, and the B sold the said apartment to D, and the registration of ownership transfer was completed on April 30, 2004.

C. Meanwhile, the Seoul Central District Court 2010Kadan179463 decided August 18, 2010 that “Defendant (B) shall pay KRW 30 million to the Plaintiff (Dongyang) and delay damages.” The above judgment became final and conclusive around that time.

Around November 1, 2011, the social community of the Eastyang transferred the above credit to the Plaintiff, and notified it to B on March 18, 2011.

E. B is currently insolvent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 and 6, purport of the whole pleadings

2. The Plaintiff’s assertion that the secured claim in this case is null and void due to the absence of the secured claim, and even if the secured claim exists.

Even if this is established around June 27, 2003, which was around the date of establishment of the above right to collateral security, and the ten-year extinctive prescription has expired from that time, it is equally null and void.

Therefore, the plaintiff, who is the creditor of B, seeks the cancellation of the above collateral security against the defendant on behalf of the insolvent party B.

3. Determination

A. (i) A mortgage is a mortgage created by setting only the maximum amount of the secured debt and reserving the determination of the debt in the future.