1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 22, 191, the Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant building”). On October 22, 1991, the Plaintiff created a maximum amount of claims KRW 60 million with respect to the instant building, and C, “debtor C,” “C,” “C,” “C,” and “C, Seosan-gun, Seosan-gun, a joint collateral security E-mortgage.”

(U.S. District Court's Ansan Branch's Busan District Court's Order No. 88020, Oct. 22, 1991; hereinafter "the instant collateral security"

D Based on the instant right to collateral security, D applied for a voluntary auction of the instant building on September 24, 1993, and the decision of commencement of auction was rendered on the same day (F) and the registration of the decision of commencement of auction was completed on the instant building on the same day.

C. From April 17, 2012, the registration of the transfer of the right to collateral security was completed on the ground of the "transfer of confirmed claim on February 15, 2012" in the Defendant’s future from D on April 17, 2012.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence Nos. 1 and 5 through 9, and the purport of the whole pleadings

2. The parties' assertion;

A. The Plaintiff’s lawsuit against Defendant G became final and conclusive and conclusive in a separate decision of recommending reconciliation.

1) On October 1991, C (the Plaintiff’s friendship) borrowed money from D and provided the instant building owned by the Plaintiff as security to D (the instant mortgage was subsequently transferred to the Defendant).

2) However, since C’s loan obligation, which is the secured debt of the instant right to collateral security, has already been ten years since the date of borrowing, and the completion of prescription around October 2001, and the instant right to collateral security also ceased to exist in accordance with the father’s nature, the Defendant is obliged to cancel the instant right to collateral security on the ground of the extinguishment of the secured obligation.

B. The Defendant’s assertion 1D had completed the registration of the entry of the decision on commencing auction of the instant building due to the voluntary auction filed by the Defendant in around 1993. Accordingly, the attachment became effective and the right to collateral security of this case.