1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

On February 15, 1985, Nonparty E and H acquired the ownership of 1/2 shares among the 2207 square meters in the Gu-gun, Jeonnam-gun (hereinafter “instant real estate”).

E and F, on March 31, 1996, concluded a mortgage agreement with each of the obligors, the maximum debt amount of KRW B, 30 million, regarding the first and second shares of the instant real estate possessed by E (hereinafter “instant shares”), and F completed the registration of creation of a neighboring mortgage on April 1, 1997.

(hereinafter “the instant right to collateral security”). The F completed the registration of transfer of the instant right to collateral security on November 17, 1998 to the Defendant on the ground of the transfer of confirmed claim dated November 16, 1998.

On April 23, 2013, the Plaintiff, his wife, had completed the registration of transfer of the instant shares on the grounds of sale.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, assertion of the purport of the whole pleadings, and argument by the parties to judgment, the plaintiff defendant did not exercise his claim after acquiring F's loan claim against F from F on November 16, 1998.

Since the Defendant’s claim against B as the secured claim of the instant right to collateral security has expired after the lapse of the ten-year statute of limitations from November 16, 1998, which was the date of acquisition of the said claim, the Defendant is obligated to cancel the instant right to collateral security.

In order to secure the above claim while Defendant B had a claim for indemnity amounting to KRW 58 million against Defendant B, the Defendant created a right to collateral security (hereinafter “B-owned share”) respectively. The secured claim of the instant right to collateral security is not “Defendant B’s claim for indemnity amounting to KRW 58 million” but “the claim for indemnity amounting to KRW 58 million against Defendant B”.

In the testimony of the witness B of the trial court, each of the specific lives of the secured debt of the instant case, Eul evidence Nos. 1, 6 through 8 (including numbers; hereinafter the same shall apply) and evidence of the secured debt of the instant case.