1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On August 27, 2010, the Plaintiff purchased each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from B, which is owned by it, at the price of KRW 30 million, and completed the registration of ownership transfer on December 28, 2012 with respect to each of the instant real estate on the grounds of donation.

B. On the other hand, B on July 13, 1990, with respect to each of the above immovables to the defendant

7. 10.10. The debtor completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 70,000,000, which was entered as “C” on the ground of a contract to establish a mortgage on May 13, 1991

5. 10.10. The debtor completed the registration of creation of a mortgage over the maximum debt amount of KRW 50,000,000,000, which was entered as “C” (hereinafter collectively referred to as “each of the instant mortgages”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion 1) No secured obligation of each of the instant mortgages does exist. If, even if there exists a secured obligation, the obligation is not the obligation of B, but the obligation of C, and the extinctive prescription period has expired and expired. 2) If the obligation of each of the instant secured claims is the obligation of B, the actual obligor and other persons are registered as the obligor on the registry, and each of the said secured claims is invalid against the subsidiary nature of the secured right, or is invalid as a change in the real right or a false declaration of agreement due to title trust.

In addition, since the period of extinctive prescription has expired from 2006 when the transaction relation B and the defendant was terminated, each of the above collateral security obligations has expired.

B. The Defendant’s arguments B continues to be supplied with wheat, etc. from the Defendant while operating “D” and “E” registered under the name of C from April 197 to September 2006 under the name of C.