1. The defendant shall receive on March 14, 2003 from Nonparty B the Suwon District Court in relation to the real estate stated in the attached Form.

1. Basic facts

A. B completed the registration of transfer of ownership on June 24, 1997 by reason of the division of common property on June 23, 1997 with respect to the real property listed in the separate sheet (hereinafter “instant real property”).

B. The Plaintiff filed a lawsuit against B, etc. for indemnity amount under the Daegu District Court Decision 2004Ga42293, and on August 19, 2004, the above court rendered a judgment that “B, etc. shall jointly and severally pay to the Plaintiff the amount of KRW 86,789,934 and KRW 86,09,314 per annum from March 5, 2003 to June 2, 2004; and 18% per annum from the next day to the date of full payment (hereinafter “instant judgment”); and the judgment of this case became final and conclusive on September 21, 2004.

C. On March 14, 2003, the Defendant completed the registration of establishment of a neighboring mortgage on the instant real estate by reason of the contract to establish a contract on March 11, 2003, the maximum debt amount of March 14, 2003, and the debtor B.

(hereinafter “instant collateral security”). D.

The defendant is the opinion of the wife B C.

E. B is insolvent.

[Ground of recognition] The facts without dispute, Gap evidence 1-12, 2, 3, 6, 7, 8, 10, 4-12, 5-12, 6-13, and Eul evidence 6-13, and the result of this court's order to submit financial transaction information to the Korea Federation of Banks of Banks, the result of fact inquiries to the Ministry of Land, Infrastructure and Transport, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination

A. The Plaintiff’s assertion (i.e., there was no legal act establishing the secured obligation of the instant right to collateral security, and thus the establishment registration of the instant right to collateral security is null and void.

Since the registration of the establishment of a mortgage of this case was made based on the false indication that conspired, it is null and void.

Article 25(1) of the Civil Act provides that the right to collateral security of the instant case shall be extinguished by the extinctive prescription on March 11, 2003, which was the date of the contract to collateral security of this case.

x) Accordingly, the defendant is obliged to implement the registration procedure for cancellation of the registration of the establishment of the mortgage of this case to B upon the plaintiff's request by B.

(b).