1. The plaintiff's claim is dismissed.

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

Basic Facts

A. On November 21, 1996, the Plaintiff lent F with a loan of KRW 30 million (hereinafter “instant loan”), and F completed the registration of the creation of a collective security right (hereinafter “instant collective security right”) set forth by Jeonju District Court Decision 27845, Nov. 21, 1996, with respect to the G Apartment H (hereinafter “instant real property”) owned by F as a collateral for the said loan, as the Jeonju District Court Decision 27845, Nov. 21, 1996, against the maximum debt amount of KRW 30 million and the right to collateral security (hereinafter “instant collective security right”).

B. The instant right to collateral security was transferred to J on the ground of transfer of contract on May 26, 2003, respectively, to the network E on the ground of transfer of contract on January 17, 2008.

C. On October 2, 2015, the procedure for the compulsory auction of the instant real estate was commenced as K for the Jeonju District Court’s branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch branch office, and the court of execution prepared a distribution schedule that distributes KRW 30 million, out of KRW 64,200,276 to be actually distributed on August 25, 2016, to the network E, a collateral security holder, in the second order.

(hereinafter “instant distribution procedure”). D.

On August 26, 2016, the court of execution deposited KRW 30,000,072 (including interest) based on the above distribution schedule as the Jeonju District Court Decision 2016No. 514 (hereinafter referred to as “instant deposit”) by reason that the deceased E did not appear on the date of distribution.

E. The deceased E dies, and his heir is Defendant C and Defendant D, the spouse of which is the deceased.

[Based on recognition, Gap evidence Nos. 1 through 7, 10, 13 (including a serial number; hereinafter the same shall apply) and the result of the request for appraisal to the L Appraisal Board of this Court, the purport of the entire argument of the plaintiff as to the purport of the whole argument is that the plaintiff transferred to J, J, and the network E after the plaintiff was established in the name of J, J, and the network E in order to secure the claim for KRW 30 million lent to F, and the plaintiff entrusted the registration title in the name of I, J, and the network E. Accordingly, the registration of the creation of the mortgage of this case and the establishment of the mortgage of this case completed according to the title trust agreement and the agreement between the plaintiff I, J, and the network E.