1. The plaintiff's primary and conjunctive claims are all dismissed.

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

1. Basic facts

A. The Plaintiff filed a lawsuit against C (Seoul Central District Court 2010Kadan450292, hereinafter “Seoul Central District Court”) to order C to pay 5% interest per annum from February 15, 201 to December 22, 2010 and 20% interest per annum from the next day to the date of full payment. The judgment of the previous lawsuit became final and conclusive on March 5, 2011.

B. With respect to each real estate listed in the separate sheet No. C (hereinafter “instant land”), the Defendant’s establishment of the B-Government District Court’s registry office, No. 26581, Mar. 29, 2006, as the receipt of the maximum debt amount of KRW 400,000,000, and the obligor C-mortgage and the mortgagee’s mortgage (mortgage No. 19581, Mar. 28, 2006) is the “mortgage of this case”.

c. C does not own any property other than the land in this case. [Grounds for recognition] the fact that there is no dispute, and Gap evidence 1 to 3 (which may include a number, hereinafter the same shall apply).

No. 7. Each entry of No. 7 and the purport of the whole pleading

2. Summary of the plaintiff's assertion

A. The Plaintiff is a creditor against C, and C is the sole property of this case, which exceeds the value of the instant land, and thus, the Plaintiff is insolvent. Thus, the Plaintiff may exercise in subrogation the right that C does not exercise.

B. Specifically, 10 years have already passed since the right to collateral security of this case was established on March 29, 2006, and even if the secured debt was established on the same day, 10 years have already passed since the statute of limitations under the Civil Act.

Therefore, the secured obligation of the instant right to collateral security has expired upon the completion of extinctive prescription, and the instant right to collateral security also has expired according to the appendant nature.

(2) In order to preserve the right to claim ownership transfer registration while purchasing the instant land from C, the Defendant set up the instant collateral security.