1. The plaintiff's claim is dismissed.

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

1. Facts without dispute between the parties;

A. The Plaintiff is a reimbursement obligee against E.

(☞ 판결에 의하여 확정된 채권금액 : 원금 458,514,308원과 이에 대한 지연손해금). 나.

원래 E의 소유였던 서울 중랑구 F아파트 G호에 관하여, ① 2002. 6. 10. H(☞ E의 친구인 I의 처) 앞으로 채무자 E, 채권최고액 1억 5,000만원으로 된 후순위 근저당권 설정등기가 마쳐졌다가, ② 2004. 9. 23. I의 동생인 피고 앞으로 ‘계약양도’를 원인으로 한 그 근저당권 이전의 부기등기(이하 편의상 ‘이 사건 근저당권’이라고 한다)가 마쳐졌다.

C. The above apartment ownership was transferred to K around August 2016 at the auction procedure (this court, C, D (Duplicate) commenced in accordance with each of the respective auction procedures of J, Co., Ltd., a senior mortgagee of the said apartment, as a creditor of a claim for reimbursement against E, and the date of distribution (e.g., September 6, 2016) that was set up as shown in the attached Table.

2. Determination on both arguments

A. Each of the allegations (1) The Plaintiff, as the grounds of objection to the instant distribution, filed a correction of the said distribution schedule, on the premise that the extinctive prescription of the claim secured by the right to collateral of the instant case was completed on or around June 10, 2012 or around September 22, 2014, under the premise that the lost right to collateral of the instant case still remains effective, and that the measures taken by the Defendant future dividends were unreasonable, as stated in the purport of the claim.

(2) As to this, the Defendant asserts to the effect that the foregoing distribution schedule is justifiable, since the process of extinctive prescription has already been lawfully interrupted by the approval of the secured obligation of the instant right to collateral security, or at least it still remains by the waiver of extinctive prescription benefits.

B. (1) The decision of this Court is first, although the registration of the establishment of the right to collateral has been completed in the future of a third party (H), not a creditor, I is the creditor.