1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On April 28, 1993, D completed on April 28, 1993 the registration of creation of a mortgage of KRW 70 million with respect to the real estate of this case owned by the Defendant on April 27, 1993, Ulsan-gu E apartment 2, 1106 (hereinafter “instant real estate”).

B. On December 1, 2010, the Plaintiff requested a payment order against D to the effect that “The Plaintiff shall pay the amount of damages for delay calculated at the rate of 20% per annum from the day following the service of the Ulsan District Court Decision 2010 tea6303,” and the payment order was issued on December 24, 2010, and the above payment order was finalized on December 24, 2010.

C. On June 25, 2013, based on the above finalized payment order, the Plaintiff applied for the auction of the instant real estate, and on April 2, 2015, the instant real estate was sold to F.

After that, on May 28, 2015, the instant auction court prepared the instant distribution schedule that distributes KRW 70,000,000 to the Defendant, who is the mortgagee, and KRW 33,519,106 to the Plaintiff, who is the applicant creditor, respectively. The Plaintiff appeared on the date of distribution, and raised an objection against the total amount of dividends to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserted that the secured claim of the instant right to collateral security of this case is false claim based on false conspiracy or the extinctive prescription of 10 years from April 27, 1993, which is the date of contract to establish the right to collateral security, which is the grounds for registration. The defendant, who is the right to collateral security of this case, did not have the right to

On April 15, 1993, the defendant lent 70 million won to D on April 15, 1993, and completed the registration of the mortgage in this case with the above loan claims as secured claims, and thereafter, D approves the above loan obligations.