1. The defendant, on June 15, 2002, filed with the non-party C with the Daegu District Court concerning the non-party C's answer 2,373 square meters.

1. Basic facts

A. On June 28, 2010, the Bankruptcy Trustee E Co., Ltd. filed a payment order with the Busan District Court 2010 tea13098 with respect to C, and issued a payment order with the above court that “C, etc. jointly and severally pay 1.5 billion won to the creditors and the delayed payment thereof,” and the above payment order became final and conclusive on July 22, 2010.

B. The Plaintiff is a company to which the claim under the above payment order was succeeded under the asset transfer contract.

C. Meanwhile, on the other hand, the registration of the establishment of a neighboring establishment in the Defendant’s name, which was the maximum debt amount of KRW 80,000,000 on June 15, 2002, including the Daegu District Court’s Andong Branch Branch, etc., with respect to the land D (hereinafter “instant land”) owned by Ansan-si, Dong-si (hereinafter “C”).

(hereinafter “instant collateral security”). D.

C is in excess of obligations at the time of the closing of the instant case.

[Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, information and replys to the head of Busan Metropolitan Government, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s claim (1) did not exist the secured claim, and even if the secured claim was duly established, the ten-year statute of limitations expired as it was based on the contract concluded on June 14, 2002, even if the secured claim was actually established.

Therefore, the Plaintiff seeks cancellation of the registration in subrogation of C, who is the owner of the instant real estate, against the Defendant.

(B) In order to secure a loan claim by lending KRW 60 million to C on January 6, 2002, the Defendant established the instant collateral security right in order to secure a loan claim, and C approved the debt after the expiration of the extinctive prescription period.