1. In the case of Dental Auctions of the Chuncheon District Court, the above court shall have jurisdiction over the auction cases of Dental Real Estate, and the above court shall have jurisdiction over the case.

1. Basic facts

A. The obligor A completed the establishment registration of a mortgage on June 7, 2002 with respect to the E apartment 102 Dong 311 (hereinafter “the apartment of this case”). On September 30, 2003, the obligor completed the establishment registration of a mortgage with the mortgagee as the obligor, the mortgagee as the National Bank of Korea, the maximum debt amount of KRW 26,00,000,000, using himself as the obligor, the mortgagee as the obligor, the mortgagee as the Defendant C, and the maximum debt amount of KRW 17,00,000.

(B) Defendant C’s right to collateral security (hereinafter “instant right to collateral security”)

National Bank Co., Ltd. filed an application for voluntary auction with Chuncheon District Court D, and rendered a decision of voluntary auction on January 8, 2016. The defendant Republic of Korea attached the money until 13,122,860 out of the amount to be received by the defendant C in the above auction procedure on August 11, 2016.

C. In the instant auction procedure, among the amount to be actually distributed on September 12, 2016, among KRW 51,381,174, Defendant C, the mortgagee of the right to collateral security, 3,877,140 won, and Defendant C, the mortgagee of the right to collateral security, 13,122,860 won in the Republic of Korea, the mortgagee of the right to seize the Defendant C, and 26,080,624 won in the dividend of the right to collateral security.

(hereinafter “instant distribution schedule”). The Plaintiff appeared on the said distribution date, and raised an objection against the total amount of dividends to the Defendants, and thereafter filed the instant lawsuit on September 13, 2016, within a week.

On September 21, 2015, this Court declared the debtor A bankrupt on September 21, 2015 and appointed the plaintiff as the trustee in bankruptcy.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 and 2, the purport of the whole pleadings

2. Determination

A. The plaintiff asserted that the secured debt of this case was extinguished by the extinctive prescription after the lapse of 10 years from September 30, 2003, when the establishment registration of the mortgage of this case was completed.