1. Revocation of a judgment of the first instance;

2. The defendant shall have jurisdiction over the real estate stated in the attached list to the plaintiff.

1. Basic facts

A. From July 24, 1989 to March 31, 1998, the Plaintiff served in D in the Hamnam-gun C operated by the Defendant.

B. On November 1995, the Plaintiff borrowed KRW 50,000,000 from the Defendant as zero-free interest and purchased the real estate listed in the separate sheet (hereinafter “instant apartment”).

C. On March 31, 1998, the Plaintiff retired from the above workplace and repaid part of the above borrowed amount of KRW 16,000,000 as retirement allowance, and agreed with the Defendant to set up a collateral security right on the apartment of this case to secure the remainder of KRW 34,00,000 (hereinafter “the secured claim”).

As to the apartment of this case, the Plaintiff completed the registration of creation of a mortgage with the maximum debt amount of KRW 34,000,000,000 (hereinafter “mortgage of this case”) against the Defendant under the title of Article 18165, which was received on April 3, 1998 from the Changwon District Court Branch, as to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. Since the Plaintiff’s assertion that the secured claim of the instant right to collateral security has expired by prescription, the Defendant ought to implement the registration procedure for cancellation of the registration of the establishment of the instant right to collateral security.

B. As to whether the secured claim of the instant right to collateral security has expired by prescription, it is reasonable to view that the secured claim of the instant right to collateral security ought to be extinguished by prescription from the time of establishment of a claim without setting the time limit. The secured claim of the instant right to collateral security has expired by prescription on April 3, 2008 after the lapse of ten years from April 3, 1998, when the establishment registration of the instant right to collateral security was completed.

I would like to say.

Therefore, the Defendant is obligated to cancel the registration of establishment of the instant neighboring establishment to the Plaintiff, barring special circumstances.

C. The defendant's defense of the defendant 1, the defendant, around 2005, requested the plaintiff to postpone the repayment of the secured debt of this case.