1. The Defendant (Counterclaim Plaintiff) is the Suwon District Court on the real estate stated in the attached Form to the Plaintiff (Counterclaim Defendant).

1. Basic facts

A. On April 19, 2005, the Plaintiff purchased real estate in the attached Table 292,736,000 won (hereinafter “instant store”) from the Defendant and the designated parties (hereinafter “Defendant, etc.”). The Plaintiff acquired the ownership of the said store by completing the registration of ownership transfer on April 26, 2005.

B. On December 7, 2005, the Plaintiff completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage of this case”) as stated in Paragraph (1) of this Article in order to secure the remainder of the sales price paid to the Defendant, etc. for the remainder of KRW 36,000,000 (hereinafter “the remainder of the sales price of this case”).

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence No. 1, and purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the registration of the establishment of a new mortgage was cancelled since the ten-year extinctive prescription of the remainder of the sale price of this case, which is the secured claim for the registration of the establishment of a new mortgage of this case, has expired.

B. As to the Defendant’s assertion, the Defendant sought the suspension of extinctive prescription for the remainder of the claim for the sale price of this case and the payment of the remainder against the Plaintiff.

C. Whether the extinctive prescription of the remainder of the claim (debt) of the sale price of this case, which is the secured claim of the instant right to collateral security, has expired; 3. On the other hand, the main claim and the counterclaim are deemed to be satisfied.

On December 7, 2005, the Plaintiff completed the registration of creation of a mortgage to secure the remainder of the sale price of this case to the Defendant. The facts that the counterclaim of this case seeking payment of the remainder was filed on February 22, 2017, which was ten years after the remainder, are not disputed between the parties, or that it was evident in light of the record and period.

Therefore, barring any special circumstance, the Defendant completed the extinctive prescription of the remainder claim of the sale price of this case, which is the secured debt of the instant collateral security.