1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 11, 2015, the Plaintiff filed an application with B for a payment order with respect to the amount of reimbursement (Seoul Central District Court Decision 2015 tea25930), and on February 11, 2015, the Plaintiff received an order to pay the Plaintiff KRW 37,005,780 and KRW 36,289,924 with respect to the Plaintiff’s KRW 15% per annum from January 23, 2015 to February 27, 2015, and KRW 20% per annum from the next day to the date of full payment, which became final and conclusive on March 14, 2015.

B. B completed on November 10, 1993 the registration of the establishment of a mortgage and the establishment of superficies on the land of this case.

[Grounds for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings]

2. The plaintiff's assertion

A. The registration of creation of a right to collateral security and the registration of creation of a superficies are null and void in collusion with the Defendant, even though there is no money transaction.

B. Even if it is not so, the secured claim of the instant right to collateral security has already expired by prescription, and the registration of creation of superficies should also be cancelled due to the nature of the appendant right.

3. Determination

A. The data alone submitted by the Plaintiff with regard to the assertion of false representation of conspiracy are insufficient to deem that the false representation was made by the conspiracy between B and the Defendant despite the absence of any grounds for registration, and there is no other evidence to acknowledge it.

Rather, according to the purport of Gap evidence No. 3 and Eul evidence No. 1 and the whole pleadings, the defendant, on May 15, 1990, made a registration of creation of a neighboring mortgage on the land of Gangseo-gu Seoul Metropolitan Government owned by the defendant on May 15, 1990 (the maximum amount of claims 130 million won, debtor D, creditor promotion mutual savings and finance company) in order to secure Eul's obligations for financial institution loans which are the husband of Eul, and the defendant subrogated for the obligations for D's loans on December 2, 1993, and cancelled the registration of establishment of a neighboring mortgage on the land of this case owned by Eul in order to secure D's obligations for indemnity against D.