1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 2, 2006, the Plaintiff’s mother-friendly D entered into a mortgage contract with the Defendant on November 2, 2006, and completed the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) of the obligor D, the mortgagee of the right to collateral security, the maximum debt amount of KRW 50 million on November 2, 2006 with respect to the real estate listed in the attached list (hereinafter “instant real estate”).

(B) The registration of the establishment of a neighboring mortgage (hereinafter referred to as the “registration of the establishment of a neighboring mortgage of this case”).

After that, on July 2, 2018, the registration of transfer of ownership was completed on the ground of the gift made by the Plaintiff on June 30, 2018 in the name of the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Judgment on the plaintiff's assertion

A. The Defendant’s claim on the instant mortgage is a damage claim due to the Defendant’s nonperformance of the obligation to transfer the right to a site. The Defendant could exercise the said damage claim from January 24, 200, following the remainder payment date under the sale and purchase contract of the right to a site ownership. However, the Defendant’s claim was suspended by receiving and executing a provisional seizure of real estate against D with the aforementioned damage claim as the preserved right, and the extinctive prescription of the said claim was expired from November 1, 2006, and the provisional seizure registration was revoked, and the extinctive prescription of the said claim was expired on October 31, 2016.

Therefore, since the secured debt of the instant right to collateral security has already expired due to the expiration of extinctive prescription, the Defendant is obligated to implement the registration procedure for cancellation of the registration of establishment of the instant right to collateral security

B. 1) First of all, in full view of the whole purport of the pleading in the entries in Eul evidence Nos. 1 through 7 (including numbers, if any) as to the secured claim of the instant right to collateral security, the Defendant is the Plaintiff’s attached on January 12, 200, E, Gurisi F, and H building I in G (hereinafter “the instant case”).