1. The defendant shall receive, on July 10, 2003, the Changwon District Court's Mawon District Court's registration office with respect to B's 476m2 in Gyeong-gun, Gyeongnam-gun.

1. Basic facts

A. As of March 23, 2015, the Plaintiff has a claim of KRW 502,340,142 arising from subrogation under a credit guarantee agreement with respect to B.

B. B, on July 10, 2003, filed for the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) under the name of the Defendant with the Changwon District Court’s 5443 registration office, as to the land size of 476 square meters in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do.

(c) B is currently in excess of obligations.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination as to the cause of claim

A. Although the Plaintiff’s assertion does not exist, the right to collateral security of this case was established with false declaration of conspiracy for the purpose of evading debts, etc.

Even if the secured debt exists, it was extinguished by the repayment or the completion of extinctive prescription.

Therefore, the defendant, as the creditor of B, is obligated to implement the procedure for cancellation of registration of cancellation of the establishment registration of the creation of the neighboring mortgage of this case to B upon the plaintiff's subrogation.

B. According to the reasoning of Gap evidence Nos. 2 and 1 evidence and the whole arguments, it is recognized that the defendant set up the instant right to collateral security in order to lend 25 million won to B on July 8, 2003 and secure the loan claims. Thus, the plaintiff's assertion that the instant right to collateral security was established by false conspiracy despite the absence of the secured claim.

Next, as to the assertion of extinctive prescription, the fact that the Defendant lent the above KRW 25 million to B that was set at two years after the due date is nonexistent or recognized by the purport of the entire pleadings. Therefore, the extinctive prescription on July 8, 2005, which is the secured claim of the instant right to collateral security, was completed on July 8, 2005, and ten years after the due date, except in extenuating circumstances.

3. The defendant's defense is judged by the defendant, and during that period, he/she received interest from B several times, and the recent date of January 2015.