A. C is the spouse of E (F), G (H), I (J), K (L) and the Plaintiff, married with his spouse D, and the Defendant is the spouse of E.

B. On March 9, 1994, C prepared a loan certificate stating that interest rate of KRW 90,00,000 shall be 2% per month, and on November 30, 1998 (hereinafter “the loan certificate of this case”), and on March 10, 1994, each real estate listed in the attached list owned by the Defendant (the real estate indicated in paragraph (1) of the attached list is a combination of the real estate of KRW 734,00,000, 1170,000 and 396,000 square meters in the attached list; hereinafter “each real estate of this case”) and the mortgage registration of KRW 2046,00 and Q287,00,000 in the attached list owned by the Defendant (hereinafter “the maximum debt amount”) and KRW 90,50,000,000,000 and KRW 396,00,000,00.

C. After July 23, 2009, C and the Defendant revoked the registration of the establishment of the establishment of the above neighboring land on P and Q land only on the ground of partial renunciation, with the registration of the establishment of a neighboring mortgage on each of the instant land (hereinafter “instant collateral security”).

On July 2, 2013, the Plaintiff completed the registration of ownership transfer for each of the instant land from C on the ground of donation on June 28, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 17 (including each number, hereinafter the same shall apply), Eul evidence 2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The instant mortgage security right concerns that I, having experienced business difficulties at the time, arbitrarily dispose of C’s real estate without the consent of C, would have prepared the instant loan certificate and completed the registration of establishment of the neighboring mortgage in the absence of any collateral obligation to protect C’s property. Therefore, the registration of establishment of the instant collateral security right must be cancelled as based on false conspiracy. 2) Even if the instant collateral security obligation exists.