1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Regarding the building listed in the attached list (hereinafter “the apartment of this case”), on December 15, 2006, the registration of the transfer of ownership in C was completed on July 31, 2007, and on July 31, 2007, the registration of the establishment of the right to collateral security (hereinafter “mortgage of this case”) stated in the purport of the claim as the defendant was completed.

B. C borrowed KRW 380 million from the Plaintiff on December 23, 2011 on December 23, 201, with a maturity of lending KRW 380 million on December 23, 2014, but did not repay the principal and interest even after the maturity of the repayment period.

C. On March 17, 2015, the Plaintiff filed an application with the Incheon District Court for a payment order against C with respect to the above loan claims, and received from the same court on April 2, 2015 the payment order for KRW 480,673,141 and delay damages for KRW 380,000,000 from the same court on March 13, 2015, and the said payment order was finalized on July 21, 2015.

On August 31, 2017, the Plaintiff was decided to commence a compulsory auction on the apartment of this case owned by Incheon District Court E, based on the original copy of the above payment order with executory power.

(Amount of Claim 477,595,450). [Grounds for Recognition] A; Gap evidence 1, 3; Gap evidence 2-1, and 2-2; the purport of the whole pleadings

2. A real right, such as a right to collateral, which is a judgment on the cause of the claim, ceases to exist when the secured claim becomes extinct by prescription due to the nature of the secured claim, and the mortgagee is obliged to perform the procedure for registration of cancellation of the establishment of a right to collateral security against the mortgagee.

It is evident that ten years have passed since July 31, 2007, when the establishment registration of the neighboring mortgage of this case was completed, prior to February 27, 2018, the extinctive prescription period of civil claims was completed.

However, in full view of the following facts: (a) evidence Nos. 1, 2, 4, and 8; (b) evidence Nos. 3-1, 2; and (c) evidence Nos. 9-1 through 7; and (c) the whole purport of the pleadings, the Defendant’s statement on Nov. 23, 2006.