1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Basic facts

A. The Plaintiff deposited KRW 100 million on June 3, 2016, KRW 100 million on the Defendant’s account, KRW 100 million on July 5, 2016, and KRW 200 million on the account.

B. On July 5, 2016, the Defendant prepared and issued a certificate of borrowing (Evidence 3-1) stating that the Plaintiff shall pay, on October 31, 2016, the due date for repayment of KRW 200 million, 12% per annum from each borrowing date to the due date, and 24% per annum from the next following date to the date of full payment, the interest or delay damages calculated at the rate of 24% per annum.

C. On the same day, in order to secure the above 200 million won debt (hereinafter “the loan debt of this case”), the Defendant agreed to complete the registration of creation of a mortgage over the attached real estate owned by the Defendant (hereinafter “the instant real estate”) with the maximum debt amount of 300 million won (hereinafter “the instant agreement”), and set up a written contract establishing a mortgage (Evidence No. 3-2) with the same content.

On March 9, 2017, the Defendant filed the instant lawsuit seeking the implementation of the registration procedure for establishing a neighboring mortgage under the instant agreement with the court on March 9, 2017.

E. On August 24, 2017, the instant lawsuit pending, the Defendant deposited KRW 247,934,245 (in total, KRW 200 million + KRW 47,934,245 + (in total, KRW 47,934,245) of the principal and interest of the instant borrowed money until the time when the instant lawsuit was filed, and the Plaintiff received the said deposit around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 8 (including provisional number; hereinafter the same shall apply), the purport of whole pleadings

2. Determination

A. Although the Plaintiff is seeking the implementation of the procedures for the registration of the establishment of a neighboring mortgage under the instant agreement, the fact that the principal and interest of the instant loan, which is the secured debt of the right to collateral security under the said agreement, was fully repaid as seen earlier.

B. To secure the loan of this case since the loan of this case was extinguished.