1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 11, 2006, the bankruptcy trustee of the bankrupt East Asian Mutual Savings and Finance Company applied for a payment order against B by the Seoul Central District Court 2004Da38278, and issued a payment order from the above court to “B shall pay the above bankruptcy trustee KRW 116,347,058 and any delay delay damages.” The above payment order became final and conclusive around that time.

The Plaintiff acquired the claim based on the above payment order.

B. B made each of the real estates listed in the separate sheet (hereinafter “instant real estate”) a joint security to the Defendant, and completed the registration of creation of a mortgage in the vicinity of the maximum debt amount due to the contract on October 17, 2002, No. 46904, Oct. 8, 2002, respectively, with the Daegu District Court No. 46904, Oct. 17, 2002.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

B The deceased on July 19, 2004, and C, his wife, D, and E inherited the deceased’s property. The inheritor reported to the Seoul Family Court 2004Ra7053, which reported the inheritance-limited approval and reported on December 8, 2004.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including paper numbers), Eul evidence 9, the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff is acting in subrogation of the right to claim the cancellation of the registration of the establishment of the neighboring mortgage of this case on behalf of B.

1) The Plaintiff asserts that there is no secured claim of the instant right to collateral security. The Plaintiff asserts that there is no loan claim against the Defendant, which is the secured claim of the instant right to collateral security. The Defendant asserts that there is no secured claim of the instant right to collateral security. The Defendant asserts as follows, and that there exists a secured claim of the instant right to collateral security.

In order to raise funds, on May 21, 1996, the Defendant’s mother and B, who is the arbitrae of G, set up a right to collateral security, which causes 200 million won of the maximum debt amount.