1. All of the plaintiff's claims are dismissed.

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

1. On November 24, 1995, Defendant A loaned KRW 100 million (hereinafter “instant loan”) to C on November 23, 1997, the due date for reimbursement was determined and lent to C on November 23, 1997, and in order to secure this, Defendant A completed the registration of creation of a mortgage on the D apartment Nos. 108 and 401 (hereinafter “instant apartment”) owned by Osan-si (hereinafter “instant apartment”) with the maximum debt amount of KRW 100 million, and the registration of creation of a mortgage on the establishment of a neighboring apartment to Defendant A with the Suwon District Court registration Office of the Suwon District Court No. 61670 on November 24, 1995

(2) On September 3, 2003, the Defendant Company: (a) leased KRW 100 million to C on September 3, 2005; and (b) in order to secure this, on September 3, 2005, the registration of the establishment of a neighboring mortgage, which is the Defendant Company as the mortgagee, the Suwon District Court’s registry office received on September 3, 2003, with respect to the instant apartment, as the registration of the establishment of a neighboring mortgage, which is the Defendant Company as the mortgagee, was completed on September 3, 2003.

(hereinafter “instant 2-mortgage”). On the other hand, the Plaintiff, another creditor of C, filed an application for compulsory auction against the instant apartment, with the Suwon District Court B, and on January 10, 2013, the auction procedure (hereinafter “instant auction procedure”) started with the court’s decision to commence the auction procedure (hereinafter “instant auction procedure”).

On December 20, 2013, the distribution schedule was prepared to distribute KRW 100,00,000 to Defendant A, KRW 25,869,415 to Defendant Company, and KRW 51,738,830 to the Plaintiff, respectively, on the date of distribution of the instant auction procedure.

On the date of distribution, the Plaintiff raised an objection to the entire dividend to the Defendants, and filed the instant lawsuit on December 26, 2013.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4 (including branch numbers, if any) and the purport of the whole pleadings]

2. Determination as to the claim against Defendant A

A. The Plaintiff’s assertion No. 1 was to secure the payment of the instant loan claim, and the statute of limitations for the said loan claim has expired for ten years.