1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 16, 1980, F completed the registration of transfer of ownership with respect to one-half percent (hereinafter “instant real estate”). On October 30, 1998, F completed the registration of transfer of ownership with respect to the said F share, on the ground of a mortgage contract on October 29, 1998, the Defendant completed the registration of creation of a neighboring mortgage (hereinafter “instant secured mortgage”) with the maximum debt amount of KRW 50 million and the debtor F with respect to the said F share.

B. F was killed on August 26, 2007, and was tried to grant an inheritance limited approval by G, B, D, and C as his/her child, who is an inheritor, and G died on May 22, 2013, and was tried to grant inheritance limited approval by G, B, and D (hereinafter “B, etc.”).

C. On March 23, 2004, the bankrupt Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against F and G seeking loans with the Seoul Central District Court Decision 2003Da361813, and on March 23, 2004, the above court sentenced F and G jointly with the Korea Deposit Insurance Corporation for KRW 154,104,33 won and KRW 9,000,000 from June 10, 1998, for KRW 42,889,739, and KRW 25% per annum from June 6, 1998 to the date of full payment (hereinafter “instant judgment”). The above judgment became final and conclusive on April 8, 2004.

On May 22, 2007, the Korea Deposit Insurance Corporation transferred the instant claim to the Plaintiff. On August 16, 2007, the Korea Deposit Insurance Corporation sent the notice of assignment to F and G by content-certified mail.

Grounds for recognition: A1, A2-1, A2, A3, and the whole purport of pleadings.

2. Determination

A. The Defendant’s claim against F, which is the Defendant’s claim on the instant mortgage, was established around October 29, 1998, which was the date of the instant mortgage contract, and thus, the said secured claim has expired after the extinctive prescription.

As the deceased F’s heir B, etc. did not have any property other than the instant real estate and is in excess of the obligation, the Plaintiff is the Defendant in subrogation of B, etc.