1. The defendant is the Gwangju District Court's Mayang-dong Branch Office with respect to the 24,890 square meters of woodland C in Gwangju-si, Gwangju-do.

1. Basic facts

A. On June 4, 2004, the plaintiff filed an application for payment order against B, and on June 4, 2004, the Cheongju District Court Decision 2004Ra547, "B shall jointly and severally with D and E pay the plaintiff 18,82,545 won and 10,000,000 won, which shall be calculated at the rate of 18% per annum from June 2, 2004 to the date of full payment." The above payment order was served with the original copy on B on June 8, 2004 and was finalized on June 23, 2004.

B. B, around September 19, 2004, entered into a mortgage agreement with the Defendant, who is a pro-child, on a scale of 24,890 square meters of C forest land in Gwangjuyang-si (hereinafter “instant mortgage agreement”). On September 24, 2004, on September 24, 2004, the establishment registration of a neighboring mortgage amount of KRW 30,000,000,000 for the maximum amount of debt was completed as No. 20295 against the receipt of the Gwangju District Court’s Macheon-Support Registry

(c) B is currently in excess of obligations.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, witness B's testimony, purpose of whole pleading

2. The Plaintiff’s assertion ① Contract establishing a mortgage of this case is based on false conspiracy, and the secured claim of the right to collateral security is not established from the beginning.

(2) The same shall not apply even if so.

Even if the secured claim of the instant right to collateral security was already repaid or not less than 10 years have elapsed from September 24, 2004, which was the date of creation, and the extinctive prescription has expired.

Therefore, since the establishment registration of the neighboring mortgage of this case is null and void, or the secured debt of this case is extinguished, the establishment registration of the neighboring mortgage of this case should be cancelled in accordance with the doctrine

The plaintiff, as a creditor against B, seeks the cancellation of the registration of the establishment of the neighboring mortgage of this case by subrogation of B.

3. Determination

(a) The right to collateral security is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act), which is set at a settlement period for the future.