1. As to the non-party B’s “Seoul Building No. 101 of the 1st floor of Yeongdeungpo-gu Seoul Special Metropolitan City, Jeollabuk-do, Jeollabuk-do, Jeollabuk-do.”

1. Basic facts

A. On February 27, 2003, Nonparty D obtained a loan of KRW 30,000,00 from the Jeonbuk Bank Co., Ltd. (hereinafter “ Jeonbuk Bank”) under the joint and several guarantee of Nonparty D (hereinafter “ Jeonbuk Bank”) (hereinafter “instant loan claim”), and as Nonparty D did not repay the above loan, Jeonbuk Bank filed a lawsuit against the above D and B with the court 2007Kadan189, and was sentenced to a favorable judgment on March 22, 2007, and the above judgment became final and conclusive.

B. The instant loan claim against the said B of the Jeonbuk Bank was finally transferred to the Plaintiff on October 19, 2012, via IMC Loan Co., Ltd., and Loyal Capital Loan, Co., Ltd. on the third day. On June 25, 2014, the Plaintiff notified Nonparty B of the fact of the said transfer of credit through content-certified mail.

C. Meanwhile, the above B completed the registration of collateral security (hereinafter “registration of collateral security”) with the former District Court No. 81341, Dec. 29, 2003 on the ground that the contract was concluded on December 27, 2003 with respect to the first floor of the building C, Yeongdeungpo-gu, Seoul Special Self-Governing Province (hereinafter “the instant real estate”), which is one’s own ownership, as the former Special Self-Governing Province No. 81341, Dec. 29, 2003, which was the maximum debt amount of KRW 20 million, and the mortgagee as the Defendant of collateral security (hereinafter “registration of collateral security”). At present, B is insolvent.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including each number if there is additional number), the whole purport of the pleadings as a result of the fact inquiry with respect to the Jeonju-si of this Court, Jeonsan-si, and the Ministry of Land, Infrastructure and Transport

2. Determination

A. The Plaintiff, as a creditor of the instant loan against Nonparty B, seeks to cancel the registration of the instant right of collateral in subrogation of insolvent, which is the creditor of the instant loan against Nonparty B. Therefore, the instant right of collateral security had expired on December 27, 2013 after the lapse of ten years from December 27, 2003, which was the date of the instant right of collateral security contract. Thus, barring any special circumstance, the Defendant registered the instant right of collateral security with Nonparty B.