1. The Defendants are to Nonparty C on November 1, 1998, the Daegu District Court Gyeongsan Branch Office with respect to each real estate listed in the separate sheet.

1. Basic facts

A. In the Daegu High Court Decision 2005Na2081 on August 25, 2005, the Plaintiff received 22% a year from August 6, 1998 to February 4, 1999 with respect to 155,00,000 won and 20,000,000 won among them from August 6, 1998 to August 4, 199; 24% a year from the next day to the date of full payment; 135,000,00 won a year from August 13, 1998 to August 12, 199; and 22% a year from the next day to the date of full payment.”

B. On November 21, 1998, the Defendants completed the registration of creation of collateral security (hereinafter “registration of creation of collateral security”) as stated in Paragraph (1) of the Disposition No. 42 million won of the maximum debt amount on the ground of the contract to establish collateral security (hereinafter “registration of creation of collateral security”) with respect to each real estate listed in the separate list owned by C.

C. C is insolvent as of the date of the closing of the instant argument.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), the Korea Federation of Banks (excluding evidence No. 3-3), each fact-finding reply to the Ministry of Land, Infrastructure and Transport, the purport of the whole pleadings as a whole.

2. The parties' assertion

A. Since the Plaintiff’s secured claim on the registration of the establishment of a new mortgage of this case was false or extinguished by prescription after the lapse of ten years from November 23, 1998 when the registration of the establishment of a new mortgage was completed, in subrogation of C in order to preserve the claim for the amount of the transferred loan against C, the Defendants seek cancellation of the registration of the establishment of a new mortgage of this case.

B. Defendant’s assertion 1) The instant mortgage contract is a loan claim of KRW 28 million (joint guarantor D; hereinafter referred to as “debtor”) against the Defendants’ respective KRW 14 million against C.

(2) Since the statute of limitations has been suspended when the debtor approves the above secured obligation, the mortgage establishment registration of this case was concluded in order to secure security.