1. The claim of this case is dismissed.

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

Basic Facts

A. As to the instant real estate owned by the Plaintiff, the establishment registration of a mortgage of this case was completed on September 28, 2006, on the ground of the mortgage contract concluded on September 27, 2006, the maximum debt amount of which was KRW 25 million, and the Plaintiff, the debtor, for the establishment of a mortgage of this case.

On July 28, 2009, with regard to the registration of the establishment of the creation of the neighboring mortgage of this case, an additional registration to change the maximum debt amount to KRW 35 million was completed.

B. On July 29, 2009, with respect to the registration of the establishment of a mortgage of this case, the supplementary registration of the transfer of the right to collateral security to the defendant was completed on the grounds of the transfer of the confirmed claim on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), summary of the plaintiff's assertion of the whole argument

A. The Plaintiff did not know of C and did not bear the obligation to C.

Therefore, since the right to collateral security of this case is null and void due to the absence of the secured obligation, the defendant is obligated to cancel the registration of establishment of the right to collateral security of this case

B. C transferred the secured debt of the instant right to collateral security to D on July 1, 2014.

Since the secured debt was disposed of separately from the secured debt, the secured debt of this case was extinguished.

Therefore, the defendant is obligated to cancel the registration of establishment of the neighboring mortgage of this case to the plaintiff.

Judgment

1) The Plaintiff signed and sealed the agreement for the alteration of the right to collateral security with the intent of the principal, which increases the maximum debt amount of the instant right to collateral security to KRW 35 million, and the document confirming the alteration was made with the intent of the principal. However, the Plaintiff did not explain the circumstances during which the act was performed, even though the loan was not made.

According to Section B, the Plaintiff set the interest rate of KRW 15.8 million from C on September 27, 2006 as 2.5% per month and the due date on September 27, 2007.