1. The defendant on March 1998, as to the real estate stated in the attached Form to the plaintiff, the Busan District Court Seosan Branch of the Busan District Court.

1. According to the facts of recognition Gap evidence Nos. 1-1 and 2, the plaintiff completed the registration of ownership transfer on March 9, 1998 due to sale and purchase as of September 25, 1997, and thereafter, as of the above real estate, the registration of ownership transfer was completed on March 9, 1998 by the plaintiff, the mortgagee, the defendant, the maximum debt amount of 21 million won as of March 11, 1998 as the registration of establishment of a neighboring mortgage (hereinafter "registration of establishment of a neighboring real estate of this case").

2. When a claim secured by a mortgage based on a judgment on the cause of the claim has expired due to the completion of prescription or for any other reason, the mortgage shall also be extinguished in accordance with the principle of in

(Article 369 of the Civil Act). Since the secured debt of the instant right to collateral security cannot be specified due date, it is reasonable to deem that extinctive prescription takes place from the time of its establishment as it constitutes a claim without setting the due date. Therefore, it is reasonable to deem that the secured debt could have been exercised from March 11, 1998, when the establishment registration of the instant right to collateral security was completed.

Ultimately, since the secured claim of the instant right to collateral security was concluded and the mortgage establishment registration was completed on March 11, 2008, and the period of prescription expires on or around March 11, 2008, the Defendant is obligated to implement the registration procedure for cancellation of the establishment registration of the instant right to collateral security to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.