1. The plaintiff's claim is dismissed.

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

1. The Plaintiff stated the facts [based on recognition] Gap 1, 2, Eul 1, 4, and 19 (including various numbers), on behalf of the Plaintiff, on December 12, 200 between Y andY, and on June 18, 201, by subrogation of KRW 56,13,256, in total, Y’s principal and interest amount pursuant to a credit guarantee agreement between Y andY.

Y On November 9, 2007, the spouse Z, children AA, AB, AC, AD, AE, AF, AG, AG (hereinafter “the first heir”), who is the first heir, has renounced inheritance. The second heir, who is the second heir, was subject to an inheritance limited approval trial. B, C, D, E, E, F, G, H, I, J, K, M, M, P, Q, Q, S, T, U, and V (hereinafter “the second heir”).

The plaintiff tried to pay the principal and interest of the above subrogation within the scope of the property inherited by the court No. 2012da581 against the second heir.

On April 201, Y and 1st heir, Defendant (AG’s spouse) agreed to set up a right to collateral security in order to recover the instant real estate by selling it at auction. On April 30, 2001, Y completed the registration of establishment of a neighboring mortgage (hereinafter “the creation of a right to collateral security”) with the maximum debt amount of KRW 30 million with respect to the instant real estate.

From around that time, AG and the Defendant supported Y and Z until November 9, 2007, and thereafter supported Z.

2. Claim and summary of judgment: The secured claim of the instant right to collateral security has expired since April 30, 201, on which the instant right to collateral security was established.

At the request of the plaintiff who exercises the creditor's subrogation right as the creditor of the second heir, the defendant is obligated to implement the procedure for registration of cancellation of the registration of establishment of a mortgage of this case to the second heir.

판 단 : ▷일반채권자에 불과한 원고로서는 독자적으로 소멸시효를 원용할 수 없고, 원고의 채무자인 2순위 상속인들을 대위하여 피고에 대한 소멸시효 원용권을 행사할 수 있을 뿐이다.

▷Y과 1순위...