1. On July 201, 2017, the Defendant: (a) the Korea Asset Management Corporation (Korea Asset Management Corporation) conducted the public auction of real estate C with the management number North Daejeon.

1. Basic facts

A. On August 22, 1997, the Plaintiff entered into a mortgage agreement with the mortgagee, the Defendant, the maximum debt amount of KRW 25,000,000 with respect to the instant real estate as the owner of Jeollabuk-gun, Jeollabuk-do (hereinafter “the instant real estate”), and completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) in the future of the Defendant as the Jeonju District Court No. 76900, Aug. 23, 1997, which was charged with the all-round District Court.

B. As to the instant real estate, the registration of seizure was completed on October 1, 1999 by the Daejeon Metropolitan City as the right holder (the office of administration, Seo-gu), and the registration of seizure was completed on September 17, 2002 as the right holder (the office of disposition, the office of disposition, the office of disposition, the office of disposition, the office of disposition, the office of disposition, and the office of disposition).

C. On April 12, 2017, the Korea Asset Management Corporation commenced the real estate auction procedure with the North Daejeon Tax Office C with respect to the instant real estate.

(hereinafter “instant public auction procedure”). D.

After the Korea Asset Management Corporation sold the instant real estate by public auction on July 28, 2017, the Korea Asset Management Corporation prepared a contract to distribute the instant real estate amounting to KRW 25,00,000,00 to the Defendant, who is a mortgagee, and KRW 40,497,920 to the Plaintiff, who is the owner of the instant real estate, in the order of 10,000, respectively, and the Plaintiff raised an objection to the total

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination of the parties' arguments

A. According to the facts of the judgment on the cause of the claim, since the secured claim of this case for the registration of the establishment of a mortgage of this case is apparent from the lapse of ten years after the due date, the secured claim of this case was extinguished by the completion of extinctive prescription. Since the distribution amount to the defendant was based on the invalid secured mortgage, the defendant without any legal ground, without regard to the public sale procedure of this case, has the Korea Asset Management Corporation a right to claim a payment of KRW 25,00,000.