1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 1, 2001, the Plaintiff received an order to pay F, C, and E with a payment order under the Seoul Central District Court Decision 2014Guj47499 on the ground that DD associations acquired the loan principal and interest of KRW 16,00,000 from F under the joint and several surety of C and E, and on September 4, 201, the Plaintiff received an order to pay “the debtor jointly and severally pays to the creditor 15,30,747 won and 22% interest per annum from May 14, 2003 to the date of full payment.” The above payment order became final and conclusive around that time.

B. On May 30, 2006, C completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On October 12, 2006, the Defendant concluded a mortgage contract with C on the instant real estate amounting to KRW 30,000,000 with respect to the maximum debt amount, and completed the registration of establishment of a neighboring mortgage as 58548 on the same day.

(hereinafter referred to as the “registration of the instant right to collateral security”). [Ground for recognition] The fact that there is no dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is invalid since there is no legal act that establishes the secured debt which is the cause of the instant mortgage, and even if the secured debt exists, the instant mortgage is extinguished upon the lapse of ten years from October 12, 2006, which was the date of the registration of creation of mortgage of the instant case, and the statute of limitations expired on October 12, 2016, which was later than October 12, 2016.

Since the registration of the instant right to collateral security should be cancelled, the Plaintiff asserted that C exercise the right to cancel the registration of the instant right to collateral security against the Defendant by subrogationing C, who is insolvent, as a creditor against C.

B. As to the existence of secured obligation of the registration of the instant collateral security, first of all, whether there was a secured obligation under the registration of the instant collateral security, evidence No. 3, and No. 1 through No. 4.