1. Revocation of a judgment of the first instance;

2. The defendant is against the plaintiffs' real estate stated in the attached list.

1. Facts of recognition;

A. Around May 1998, the deceased A (hereinafter “the deceased”) borrowed KRW 10 million from the Defendant (hereinafter “the instant loan”) and as a collateral, decided to transfer the real estate listed in the attached list owned by the deceased (hereinafter “the instant real estate”) to the Defendant as a collateral, with regard to the maximum debt amount of KRW 13 million, the debtor C, and the mortgagee D (hereinafter “the instant collateral security”) completed as No. 114270 on December 30, 1997. Around May 9, 1998, the deceased agreed to transfer the right to collateral security (hereinafter “the instant collateral security”). Around December 30, 1997, the Defendant completed the registration of transfer of the right to collateral security, which was received as No. 2772 on May 9, 1998, based on the transfer on May 4, 1998.

B. On May 15, 2016, the deceased died after the closure date of the first instance trial, and the Plaintiffs, who were the deceased’s children, inherited the deceased’s property and taken over the lawsuit.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that (1) around May 198, the deceased repaid all the loan of this case, which is the secured debt of the right to collateral security (hereinafter "the secured debt of this case"), and (2) since the extinctive prescription of the secured debt of this case has expired, the plaintiffs asserted that the secured debt of this case was extinguished, and sought cancellation of the establishment registration of the right to collateral security of this case against the defendant.

B. However, there is no evidence to support the Plaintiffs’ assertion of repayment first, and there is no evidence to support the Plaintiffs’ assertion of repayment. Thus, the Plaintiffs’ assertion of repayment is without merit without any further review.

(2) Next, as to the claim of extinctive prescription, ① The right to collateral security was established on December 30, 1997 to secure D’s claim against D’s, and on May 9, 1998, transferred to the Defendant to secure D’s claim against the deceased for the instant loan. As seen earlier, the Defendant, the obligee of the instant loan, which is the secured claim of the instant right to collateral security, is the creditor of the instant loan.