1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff (former company reorganization Corporation) is a creditor who filed a lawsuit against B on the claim for the amount of transfer income and received a favorable judgment in the Seoul Central District Court Decision 2004Da77368 Decided July 20, 2004.

B The Plaintiff did not pay the above debt up to now.

B. B concluded a contract to establish a collateral security with C on July 18, 1998 with the maximum debt amount as KRW 100 million for each of the instant real estate, and completed the registration of establishment of a collateral security (hereinafter “instant collateral security”) with the Sungwon District Court Branch of Sungnam Branch of the Sungwon District Court as of July 20, 1998, and C on June 22, 2004, respectively, to the Defendant on June 22, 2004, and completed the additional registration for the transfer of the right to collateral security (hereinafter “instant collateral security”).

【Ground of recognition】 The fact that there exists no dispute, Gap’s evidence 1, Gap’s evidence 4-1 through 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) (1) even if the defendant's primary claim against B exists, since it is apparent that 10 years have elapsed from June 22, 2004, which was the time of the registration of the establishment of the right to collateral security in this case, the secured claim of the right to collateral security in this case was extinguished due to the completion of prescription, and the defendant is obligated to cancel the registration of the establishment of the right to collateral security in this case, and the plaintiff is entitled to claim by subrogation as B as the creditor of the plaintiff. (2) The conjunctive claim in this case is invalid because the secured claim in this case is non-existent or invalid due to a false conspiracy, and thus, the defendant is obligated to implement the registration procedure of cancellation of the right to collateral security in this case. (2) The defendant lent money to B which is difficult for the defendant, and around 1998, the right to collateral security in this case was established by borrowing money from C, which is a middle school dong, and thereafter, borrowed money from the defendant.