1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Facts of recognition

A. On October 15, 1992, Defendant A completed the registration of creation of a neighboring mortgage equivalent to the maximum debt amount of KRW 40 million with respect to KRW 37,686,00,000,000 owned by Kangwon-gun, Gangwon-do. Defendant B was subject to seizure and assignment order (Seoul District Court’s Government Support E, F, etc.) on the secured debt of the above right to collateral security on April 12, 1996, and accordingly completed supplementary registration of the instant right to collateral security on October 23, 1992.

B. On August 18, 2016, the Seoul Central District Court declared bankruptcy against C (2016Haak 100542, 2016Haak 100542, 2016) and appointed G attorneys as bankruptcy trustee.

C. On February 23, 2017, C’s bankruptcy trustee filed a lawsuit with the Seoul Southern District Court (2017dan208397) seeking a judgment identical to the instant case against the Defendants. D.

In the above case, the decision of recommending reconciliation to the effect that the registration of creation of the instant right would be cancelled between Defendant A and Defendant B became final and conclusive, and the decision to the effect that Defendant B would express his/her consent to the registration of creation of the instant right to collateral security was rendered and confirmed.

E. On August 22, 2017, the registration of the establishment of the instant neighboring mortgage and the cancellation of the additional registration was completed based on the above decision of recommending reconciliation and the judgment.

[Ground of recognition] A without dispute, entry of Gap evidence 2, plaintiff's assertion of the purport of whole pleadings

A. The secured claim of the instant right to collateral security was extinguished by prescription.

B. The Plaintiff, a creditor of C, seeks the cancellation of the registration of the instant right to collateral security and the declaration of consent to the cancellation thereof by subrogation of C.

Judgment

A. The obligee’s subrogation right is, only in cases where the obligor does not exercise his/her right against the garnishee, the obligee is entitled to exercise his/her right to preserve his/her claim, and in cases where the obligor had already exercised his/her right at the time when the obligee exercised his/her right of subrogation, the obligee is also the obligor even if