1. The plaintiff's claim is dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution No. 2014 Chicago84, Mar. 2014

1. Basic facts

A. On February 16, 2012, the Plaintiff borrowed KRW 280 million from the Defendant, and borrowed KRW 5 million on February 21, 2012.

B. On February 21, 2012, the Plaintiff entered into a mortgage agreement with the Defendant regarding the instant real estate, and on the same day, concluded a mortgage agreement with the Defendant regarding the instant real estate, and completed the registration of establishment of a mortgage, which is the Plaintiff, with the maximum debt amount of the instant real estate.

(hereinafter “The instant right to collateral security”). The written contract concluded at the time of the instant right to collateral security (hereinafter “instant right to collateral security”) states that “the Plaintiff’s obligation, etc. is to be borne by the Defendant in the past, present, future, and future credit transactions, etc.” as to the scope of the secured obligation.

C. The Defendant, based on the instant right to collateral security, filed an application for voluntary auction of the instant real estate with the court C, and received a decision to commence voluntary auction from the instant court on April 18, 2013.

On January 28, 2014, the Plaintiff deposited the full amount of KRW 5 million with the principal of the loan as of February 21, 2012 and damages for delay from the same date, as of February 21, 2012, the Plaintiff deposited the full amount of KRW 1,674,246, as of January 28, 2014.

(hereinafter “Deposit for Payment in this case”). 【No dispute exists, Gap’s statements in Gap’s 1 through 3, Eul’s 1, 2, and 4 (including each number), and the purport of the whole pleadings.

2. The plaintiff asserted that the establishment registration of the mortgage of this case should be cancelled because the secured debt of this case was extinguished due to the payment deposit of this case.

In this regard, the defendant asserts that since the contract to establish the instant right to collateral security included a comprehensive collateral agreement, the secured obligation of the instant right to collateral security has not been extinguished.

3. The establishment of a collateral security contract, which is a judgment document, in order to secure all obligations to be borne by the past, present, future credit transactions.