1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 20, 2006, the Defendant completed the registration of the establishment of a mortgage on the real estate listed in the separate sheet owned by Nonparty C (hereinafter “the instant real estate”), and the registration of the establishment of a mortgage on the Defendant’s neighboring mortgage (hereinafter “the creation of a mortgage on the instant real estate”) by the Daejeon District Court No. 400,000,000, the maximum debt amount of debt amount of which was received on March 20, 2006.

B. After that, the instant real estate acquired ownership according to the final judgment on partition of co-owned property in Daejeon District Court Decision 2014Kadan103707, Daejeon District Court Decision 201Da103707.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Determination:

A. The Plaintiff’s establishment registration of a mortgage of this case was completed on February 24, 2006, or on March 20, 2016, which was ten years from the date of the establishment registration of a mortgage, or on March 20, 2006, which was the date of the establishment registration of a mortgage of this case. The extinctive prescription of this case was completed on March 24, 2016, or on March 20, which was the date of the establishment registration of a mortgage of this case. The establishment registration of a mortgage of this case became null and void due to the nature of the mortgage of this case. Thus, the Plaintiff, as the owner of the real estate of this case, sought

B. The facts that 10 years have elapsed since the completion of the registration of the establishment of the neighboring real estate of this case as to the real estate of this case are examined earlier.

Since the defendant asserts that the extinctive prescription has been suspended, in full view of the whole purport of the arguments in the statement in Eul evidence Nos. 1 through 5, the secured debt of the instant right to collateral security is the obligation to return the investment proceeds to the non-party Eul, and Eul filed a lawsuit against Eul on Nov. 7, 2008 (Seoul Central District Court 2008Gahap10598, hereinafter "the instant lawsuit"), and on March 25, 2009 in the instant case, "Defendant D" was registered on April 30, 2009 from the plaintiff Eul as to the forest and forest in Seosan City, Seosan-si, Busan District Court 8270 received on Mar. 20, 2006, respectively.