The defendant completed the Jeju District Court No. 75978 of Dec. 18, 1995 with respect to the real estate stated in the attached list.

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on August 31, 1981 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On December 18, 1995, the Plaintiff completed the registration of creation of a neighboring mortgage in the name of Jeju District Court (the maximum debt amount of KRW 150,000,000 and the debtor C (hereinafter “registration of creation of a neighboring mortgage of this case”).

C. On April 16, 2007, the Defendant completed the registration of transfer of the establishment registration of the instant neighboring area under the name of the Defendant due to the transfer of claims.

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

2. The parties' assertion

A. The Plaintiff asked C to discount promissory notes sold in goods to the customer while operating the Plaintiff’s business entity “D,” and the Plaintiff subsequently completed the registration of the establishment of the neighboring mortgage of the instant case, but it was impossible to conclude the transaction with C as the actual discount of notes.

Therefore, even if there is no secured claim or there is a secured claim, the registration of establishment of a mortgage of the instant case has become extinct by the completion of prescription on December 18, 2005 at the expiration of ten years after the date of the registration of establishment of a mortgage of the instant case, and thus, the registration of invalidity of cause should be cancelled.

B. The registration of the establishment of a mortgage of the Defendant nearby the instant case was to secure an unspecified claim arising out of a continuous transaction, and the secured claim was not established due to the termination of the contract, and thus, the extinctive prescription

Therefore, the plaintiff's claim is improper.

3. Determination

(a) The right to collateral security is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act), which is established for the purpose of securing a certain range of unspecified claims arising from continuous transaction (Article 357(1) of the Civil Act).