1. Defendant among the distribution schedule prepared on November 11, 2014 by the said court with respect to the case of compulsory auction of real estate D by Daegu District Court.

1. Basic facts

A. On July 14, 2004, the Plaintiff received a favorable judgment against E in the loans rendered by the Daegu District Court 2004 Ghana217671, and around that time, the said judgment became final and conclusive.

B. Meanwhile, on March 15, 200, E completed the registration of the establishment of a neighboring mortgage on March 15, 200 with respect to the F, 545 square meters (hereinafter “instant real estate”); on March 26, 2003, the registration of the establishment of a neighboring mortgage (hereinafter collectively referred to as the “registration of establishment of each of the instant real estate”); and on April 23, 2014, upon the Plaintiff’s application, E completed the registration of establishment of a neighboring mortgage to Defendant B and the debtor; and upon the Plaintiff’s application, it was decided to commence a compulsory auction on April 11, 2014; on November 11, 2014, the distribution schedule was prepared to Defendant B from the date of distribution of the compulsory auction of the instant real estate as to the instant real estate to Defendant C, KRW 9,900,000,000 for Defendant C, and KRW 33,3138,527, each of the dividends to the Plaintiff.

C. On November 11, 2014, H appeared on the aforementioned date of distribution held on the said date, which was held on November 11, 2014 by the Plaintiff’s attorney, and raised an objection as to the dividend amount against the Defendants, and thereafter filed a lawsuit of demurrer against distribution on November 13, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (which include each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that since the secured claim on the registration of the establishment of a new mortgage of each of the instant units of the instant case expired after the completion of the statute of limitations, the plaintiff should revise the distribution schedule by allocating the dividend amount of the Defendants to the plaintiff as 0 won.

(B) Inasmuch as the Plaintiff’s assertion of extinctive prescription is accepted, it shall not be judged separately as to the other claims.

If a registration of establishment of a neighboring mortgage has been made in order to secure sacrifies and monetary payment obligations, the secured claim shall be a commercial claim for a specific period from the time it is possible to exercise it as a claim on the part of the obligor.