1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 7, 1992, B completed on October 5, 1992 the registration of creation of a mortgage on the claim of 100 million maximum debt amount (hereinafter “registration of creation of a mortgage on the instant case”) with regard to each real estate listed in the separate sheet owned by B to the Defendant on October 7, 1992.

B. On November 4, 2010, the Plaintiff filed a lawsuit against B, etc. against the Seoul Central District Court 2010Kadan159483, and received the judgment in favor of the Plaintiff on November 4, 2010 that “B shall jointly and severally pay KRW 29,982,139 and delay damages therefor to the Plaintiff” and the said judgment became final and conclusive on November 30, 2010.

(c) B is currently insolvent.

[Ground of recognition] Facts without dispute, or entries in Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The purport of the Plaintiff’s assertion is that the registration of the establishment of a mortgage of the instant case is null and void of the cause that was completed without the authentic secured claim, or even if the secured debt of the household exists, the ten-year extinctive prescription has already been completed, and thus, the Plaintiff seeks cancellation of the registration of the establishment of a mortgage of the instant case against the Defendant by subrogationing B as a creditor of the Plaintiff

B. The summary of the Defendant’s assertion is that the Defendant was set up the instant right to collateral security from B on July 31, 1992 and was given a total of KRW 130 million to B on March 1 through April 1992, and was not repaid after setting the due date on July 31, 1992, and there was the secured claim of the instant right to collateral security.

In addition, as B approved the obligation by re-preparation of the loan certificate on December 30, 201 and May 30, 201 with respect to the secured claim of the instant right to collateral security, extinctive prescription was interrupted.

3. Determination

A. As long as the authenticity of the disposal document is recognized as to the establishment of the secured debt in the establishment of the instant mortgage establishment registration, the court is clear and acceptable to deny the contents of the statement.