1. The instant lawsuit shall be dismissed.

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

1. The establishment registration of the right to collateral security (hereinafter “instant right to collateral security”) was completed on December 14, 2007 with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) by the Government Registry of the District Court, which was received on December 14, 2007, with the maximum debt amount of KRW 195,00,000,000, the debtor C, the mortgagee C, the Defendant of the right to collateral security, E, and F.

[Ground for recognition] Unsatisfy, Gap evidence 1, the purport of the whole pleadings

2. Assertion and determination

A. The grounds for the Plaintiff’s claim are as shown in the annexed sheet.

B. We examine the legitimacy of the judgment suit.

A lawsuit for confirmation requires the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to eliminate the risks existing in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2014Da208255, Mar. 15, 2017). The obligor of the instant right to collateral security is C, not the Plaintiff, and the Plaintiff is merely a surety who is liable for C’s obligations with respect to the instant real estate which is the object of the instant right to collateral security. Even if the Plaintiff assumed that the existence of the obligation is verified against the Defendant, this does not affect the progress of the instant right to collateral security and the auction procedure based thereon, and thus, the instant lawsuit for confirmation cannot be deemed as the most effective and appropriate means to eliminate the risks existing in the Plaintiff’s rights or legal status, and thus,

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.