1. Revocation of a judgment of the first instance;

2. The plaintiff's lawsuit against the defendant (appointed party) and the remaining designated parties.

1. Basic facts

A. On December 11, 1997, C completed on December 5, 1997, each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by C by the Defendant and the designated parties (hereinafter “the creation registration of a mortgage”) with respect to each of the instant real estates as indicated in the separate sheet (hereinafter “each of the instant real estates”) on December 5, 1997, for establishing a mortgage for the debtor C, the maximum debt amount of KRW 100,000,000, and the mortgagee as the Defendant and the designated parties.

B. On June 11, 1999, the Plaintiff filed a lawsuit against C, etc. seeking the payment of KRW 53,096,000,000, and received the judgment against the Plaintiff as the Daejeon District Court 99Da2840 on June 11, 199, and appealed and rendered a final judgment of Daejeon District Court 9Na7730 on July 27, 200, that “C shall pay to the Plaintiff 53,096,000 won and its amount at the rate of 5% per annum from August 1, 1998 to July 27, 200, and 25% per annum from the next day to the date of full payment.” Although C was dissatisfied with the above appellate judgment, it was dismissed by the final judgment of the appellate court as the Supreme Court 200Da5329 on December 29, 200, which became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. There is no obligation against C’s Defendant and designated parties, the secured obligation of each of the instant collateral security claims, which is the cause of the Plaintiff’s claim.

even if there is such secured obligation.

Even if the claim of the Defendant and the designated parties against C was extinguished by the extinctive prescription from January 11, 2003 and January 10, 2013.

Therefore, the Defendant and the designated parties are obliged to implement the procedure for registration of cancellation of the registration of cancellation of the establishment registration of each of the roots of the instant case to C. Thus, the Plaintiff, the creditor of C, by subrogation of C, seek for implementation of the procedure for registration of cancellation

3. The defendant's judgment on the defendant's defense prior to the merits is based on the successful bid of all of the real estate of this case, and the registration of the establishment of each of the real estate of this case