1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The fact that the establishment registration of a collateral security holder, the debtor, and the maximum debt amount of eight million won based on the contract was completed on January 26, 1999, No. 1701, which was received on January 25, 1999, with respect to the instant real estate owned by the plaintiff as to the cause of the claim is not in dispute between the parties.

According to the above facts, the secured claim of the above secured claim was established on January 25, 1999, which was the contract date for establishing the above secured claim, at the latest, and it is apparent in the record that the lawsuit of this case was filed on January 14, 2014, which was ten years after the filing of the lawsuit of this case. Thus, the above secured claim had already been extinguished by the completion of prescription prior to the filing of the lawsuit of this case.

I would like to say.

Therefore, barring special circumstances, the Defendant is obligated to implement the registration procedure for cancellation of the registration of the establishment of the above neighboring mortgage to the Plaintiff.

2. Judgment on the defendant's assertion

A. First of all, the Defendant asserted that, in conflict with the res judicata of the preceding judgment, the Plaintiff’s obligee, filed a lawsuit claiming the cancellation of the registration of creation of a mortgage in subrogation of the Plaintiff, and lost the judgment. As such, the Plaintiff’s claim is not permissible as it goes against the res judicata of the said judgment.

Therefore, the Plaintiff’s creditor filed a lawsuit against the Defendant seeking cancellation of the right to collateral security against Daegu District Court Kimcheon-dong 2013Kadan6830, which claimed that the Defendant would have expired due to the completion of the prescription period, on behalf of the Plaintiff, and on behalf of the Plaintiff, the said court rendered a judgment dismissing the Plaintiff’s claim on October 11, 2013. The fact that the judgment became final and conclusive on October 30, 2013 is recognized if there is no dispute between the parties or if the entire purport of the pleadings in the evidence No. 1 is added to the purport of the entire pleadings.

However, the creditor is the creditor's subrogation right.