1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The bankruptcy trustee of the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Corporation of the bankrupt, the Korea Deposit Insurance Corporation, and the Korea Deposit Insurance Corporation of the Korea Credit Guarantee Fund of the bankrupt, shall pay 14,760,336 won and 25% interest per annum from December 27, 2001 to the date of full payment (Seoul Central District Court 2005dada2096380). The above judgment became final and conclusive around that time.

B. On May 22, 2007, the Bankrupt Sea Credit Depository Co., Ltd. transferred the above claim against B to the Plaintiff on May 22, 2007, and notified B of the above claim acquisition on July 18, 2007.

Accordingly, the plaintiff has a claim against B under the above judgment.

C. B, on February 23, 1998 with respect to the instant real estate owned by himself, the registration office of the branch court of Suwon District Court for the branch court of Sungwon District Court was received on February 23, 1998, and "the establishment registration of the principal debtor B, the maximum debt amount of 70 million won to the Defendant" was "the establishment registration of the establishment of the

3) Each entry of Gap evidence No. 1, Gap evidence No. 2-3, and Gap evidence No. 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The agreement between the Plaintiff’s assertion B and the Defendant on the secured obligation of the instant right to collateral security is null and void in violation of a mandatory provision, or the extinctive prescription is completed after the lapse of 10 years from February 23, 1998, since the secured obligation of the instant right to collateral security was completed, the establishment registration of the instant right to collateral security should also be revoked.

On the other hand, B is in excess of the debt and does not exercise the right to claim the cancellation registration of the establishment registration of the neighboring mortgage of this case. Thus, the Plaintiff seeks the cancellation registration of the establishment registration of the neighboring mortgage of this case to the Defendant by subrogation as a creditor under the

B. The following circumstances are revealed by comprehensively taking account of each of the facts acknowledged under paragraph (1) above and each of the evidence and evidence Nos. 1 and 2, and the purport of the entire pleadings, namely, ① A, a securities company employee, managed the Defendant’s securities account, and thereby, incurred loss.