1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On September 8, 2008, A Co., Ltd. lent KRW 204,00,000 to Nonparty F with interest rate of KRW 10.6% per annum, 19% per annum, 19% per annum, and due date of payment on September 8, 2009. Nonparty D guaranteed F’s above loan obligation.

B. After that, as F delayed the performance of the above loan loan obligation, the Plaintiff appointed as trustee in bankruptcy of A, who filed a lawsuit against Nonparty D and F seeking payment of the above loan amount, etc. with the Jeonju District Court 201Da30408, and as a result, on March 23, 2012, the said court rendered a judgment that “D would pay KRW 41,945,753 jointly with F,” which became final and conclusive around that time.

C. On November 20, 1997, D completed the registration of creation of the right to collateral security in this case with regard to the land of this case as of November 15, 1997, by establishing the contract as of November 15, 1997 as the grounds for registration, D and the mortgagee as the defendant.

The Plaintiff filed a lawsuit against the Defendant seeking cancellation of the registration of the establishment of the right to collateral security in subrogation of D with D, claiming that the secured debt of the above right to collateral security was already extinguished due to repayment or completion of prescription, etc., even though the contract was concluded falsely between the Defendant and D, and thus becomes null and void as it constitutes false representation in conspiracy.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. In order for a creditor to exercise a creditor’s subrogation right by using a monetary claim as a preserved right, the debtor shall be insolvent at the time of the closing of argument (see, e.g., Supreme Court Decision 2013Da96783, May 14, 2015). If not, there is no need to preserve the claim, and there is no benefit in the protection of rights.

Based on the above legal doctrine, the instant case is not disputed between the parties, or is written in the evidence Nos. 1 and 2.