1. The defendant shall receive on December 24, 2004 from the registry office of the Gwangju District Court with respect to the real estate stated in the attached list from Nonparty B.

1. Facts of recognition;

A. The Plaintiff has a claim for reimbursement of KRW 1,032,931,091 against Nonparty C Co., Ltd. (hereinafter “C”), D, and B, and its delay damages.

B. The above B completed the registration of establishment of a neighboring mortgage with the obligor C and the mortgagee as the Defendant on December 24, 2004 with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”) as the registration office of the Gwangju District Court, which was received on December 24, 2004, under the Act No. 85045, Dec. 22, 2004.

(hereinafter referred to as “registration of creation of mortgage of this case”).

On April 10, 2006, the Plaintiff provisionally seized the instant real estate.

(Seoul District Court 2006Kadan4623). D.

Since then, on October 2008, the registration of transfer of ownership was completed in the name of Nonparty E on the ground of sale and purchase. On May 2017, the registration of establishment of the instant right to collateral security was made on the ground of the exemption of the confirmed debt and the registration of change of the right to collateral security was made in the name of the debtor E.

E. The defendant is siblings D, B, E, and the defendant

(hereinafter referred to as "D, etc." when referring together to D, B, and E). [Grounds for recognition] A without dispute, entry of evidence Nos. 1 through 3, and the purport of the entire pleadings

2. The parties' assertion

A. The Plaintiff: As to the instant real estate upon expiration of extinctive prescription, there was no proceeding of compulsory execution, etc., even after a long period of time has elapsed since the registration of establishment of the instant mortgage.

The debtor in the registration of creation of the right to collateral security in this case is C, and the defendant's secured claim should be subject to five years commercial prescription. Since the above claim has expired by prescription, registration of creation of the right to collateral security in this case

As a creditor of the previous owner B of the instant real estate, the Plaintiff sought the cancellation registration procedure of the instant collateral security registration to the Defendant in subrogation of the right to claim against the Defendant.

B. Defendant: The Defendant, upon the request of D, etc. on December 2004, extended a loan of 300 million won, after the expiration of the extinctive prescription period, falls under B.