1. The defendant shall accept C (D's birth) with respect to the real estate stated in the attached Form on November 16, 1995 for the Daejeon District Court.

1. Basic facts

A. On December 12, 2021, the Plaintiff filed an application with C for a payment order claiming for the amount of delayed damage and reimbursement of expenses for demand procedures, calculated at the rate of 21% per annum from December 12, 2021 to the date of full payment, with respect to KRW 9,621,14 won and KRW 8,781,876 among them, and the payment order was issued on December 21, 2012 as Seoul Central District Court Order 2012 and KRW 213067 (hereinafter “instant payment order”). This was finalized on February 1, 2013.

B. On November 16, 1995, the Daejeon District Court: (a) filed for the establishment of a mortgage (hereinafter “mortgage”) with the debtor and a person holding a right to collateral security (hereinafter “mortgage”) as the grounds for registration under Article 28324 of the Daejeon District Court’s 28324, Nov. 16, 1995, the establishment of a mortgage (hereinafter “mortgage”) against the debtor and the person holding a right to collateral security was completed.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. ① The instant right to collateral security is indicated as the Defendant both the obligor with the registered injury and the mortgagee’s right to collateral security, and the obligor’s address is indicated as “Seoul Special Metropolitan City E Apartment F&C,” the same as the obligor’s address. As such, C’s right to collateral security is invalid for the purpose of evading the Defendant’s obligation.

(2) In addition, since the right to collateral security of this case is the ground for registration of a contract to establish a contract on November 11, 1995, it is evident that the ten-year statute of limitations on general claims has expired after the lapse of November 11, 2005.

B. The registration of creation of the instant collateral security cannot be exempt from cancellation due to invalidation of the cause or extinction of the statute of limitations for the secured claim. As such, the Plaintiff, as a creditor of C, sought the cancellation of the instant collateral security right by acting in subrogation of C’s right to claim cancellation of the registration of creation of the instant collateral security right.

3. Determination

A. As long as the registration of the establishment of the instant right to collateral security has been completed with respect to the real estate stated in the attachment, the cause and procedure therefor.