1. The defendant on February 24, 2001, as to each real estate listed in the separate sheet to Nonparty B, the Gwangju District Court Naju registry office.

1. Basic facts

A. On June 19, 2001, the Plaintiff, a management institution of the Agricultural and Fishery Credit Guarantee Fund, entered into a credit guarantee agreement with B on June 19, 2001, issued a credit guarantee certificate to B, and B was granted a loan from Pyeongtaek-dong Agricultural Cooperative (hereinafter “Seoul-dong Agricultural Cooperative”) as security, but a credit guarantee accident occurred that could not pay the principal and interest of the loan.

B. Accordingly, on June 16, 2008, the Plaintiff, as a guarantor, paid the principal and interest of the loan to Pyeongtaek-dong Mutual Union, and then applied for a payment order against B seeking the payment of indemnity amount under the Gwangju District Court 2013 tea2573. On March 15, 2013, the said court issued an order to pay to the Plaintiff 12% per annum from March 13, 2013 to March 20, 2013 and from March 20, 2013, “B shall pay to the Plaintiff 6,77,271 won and 38,990,271 won per annum from the following day to the date of full payment,” and the said payment order was finalized on April 4, 2013.

C. On the other hand, on February 23, 2001, B entered into a mortgage agreement with the Defendant on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) on its own ownership, and subsequently completed the registration of creation of a neighboring mortgage as stated in paragraph (1) of this case (hereinafter “registration of creation of a neighboring mortgage”).

B is not possessing any property other than each real estate of this case, and is in excess of obligations.

[Evidence Evidence] Evidence No. 1, Evidence No. 2-1 to No. 3, the purport of the whole pleadings

2. The Plaintiff’s assertion by the parties concerned is null and void due to the failure or absence of the secured obligation. Even if the secured obligation exists, the Plaintiff sought cancellation of the registration of the instant secured obligation by subrogationing B, who is an insolvent person, by asserting that the extinctive prescription of the secured obligation has expired since 10 years passed from February 23, 2001, which entered into the instant contract to establish the secured obligation.