1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On July 10, 1997, D completed on July 10, 1997 the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 300,000,000, the mortgagee E, and the debtor D on the ground of the contract signed on July 9, 1997.

(Seoul Western District Court (Seoul Western District Court No. 34057, hereinafter referred to as the "right to collateral security") of this case on July 24, 1998 after the completion of the registration of the establishment of the right to collateral security (Seoul Western District Court No. 1998Kadan15761) and July 27, 1998, the registration of the provisional seizure was completed on July 27, 1998.

(hereinafter “instant provisional seizure”). B.

F filed a lawsuit against D, etc. on January 18, 2002 that "D, etc. shall jointly and severally pay F 1,00,000,000 won and 5% per annum from July 31, 1997 to May 2, 2001, and 25% per annum from the following day to the date of complete payment."

(Seoul District Court 2001Gahap21743). D filed a subsequent appeal against the above judgment, but on January 30, 2004, the appeal was dismissed by the Seoul High Court (Seoul High Court 2002Na26636), and the second appeal was filed on July 22, 2004 (Supreme Court 2004Da16082), but the above judgment became final and conclusive on the same day (Supreme Court 2004Da16082).

On December 3, 2007, the Plaintiff received an execution clause to succeed to the above judgment.

C. Since January 14, 2008, with regard to the registration of the establishment of the instant neighboring mortgage, the supplementary registration of the right to collateral security was completed in the name of G from January 14, 2008 to January 11, 2008. From G on February 26, 2009 to H on February 25, 2009, the supplementary registration of the right to collateral security was completed due to the transfer of confirmed claim from H on February 16, 201.