1. The plaintiff's claim is dismissed.

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

1. Each of the facts stated in Appendix 1. As to the distribution procedure, the facts can be acknowledged in full view of the purport of the entire pleadings, either as to the dispute between the parties concerned, or as to the evidence set forth in Sections 1 through 11, 2, and 3.

2. The plaintiff's assertion and judgment

A. The plaintiff's argument in the summary of the party's argument is as stated in attached Form 2, "as to the validity of a notarial deed claimed by the defendant and the claim of ownership of both money," and the defendant asserts that the amount of dividends to the defendant under the distribution schedule of this case is just on the ground that the plaintiff is not a mortgagee but a general creditor or a junior mortgagee.

B. Determination 1) In order to secure a pecuniary obligation, where an obligor transfers the movable property under his/her possession to the obligee by means of possession revision, and an obligor agrees to continue possession of the movable property, barring any special circumstance, the ownership of the movable property is merely transferred in trust. Thus, in the internal relationship between the obligee and the obligor, the obligor holds the ownership of the movable property, but in the external relationship between the obligee and the obligor, the obligor becomes an unentitled person who already transferred the ownership of the movable property to the obligee. Therefore, even if a contract to establish a security for transfer is concluded with another obligee and is delivered by means of possession revision, the obligee who concluded the contract later is not entitled to acquire the right of security for transfer. However, since it is not recognized as a bona fide acquisition by means of possession amendment, not by delivery of the reality, the subsequent obligee cannot acquire the right of security for transfer lawfully (see, e.g., Supreme Court Decision 2004Da45943, Dec. 24, 2004).