1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On September 21, 2009, the Plaintiff decided to borrow KRW 30 million from the Defendant at interest rate of 3% per month (hereinafter “the instant loan”). On the same day, the Plaintiff completed the registration of the establishment of a mortgage with respect to Seongbuk-gu Seoul D apartment 202 Dong 108 (hereinafter “the instant apartment”) owned by the Plaintiff to the Defendant as the Plaintiff, with respect to the Defendant, Seongbuk-gu, Seoul, which is the Plaintiff’s children, at KRW 202 Dong 108 (hereinafter “the instant apartment”).

(hereinafter “instant collateral security”). B.

The Defendant filed a voluntary auction on February 18, 201 with the Seoul Central District Court E on the instant apartment based on the instant right to collateral security, and received a voluntary auction order from the said court on February 18, 2011. Thereafter, the Defendant filed an application for a voluntary auction order on the instant apartment on April 26, 201 with the Seoul Central District Court E, and the said court rendered a voluntary auction order on April 26, 201, on the ground that the Bank of Korea, a creditor of the priority collective security (hereinafter referred to as the “priority collective security”) (hereinafter referred to as the “priority collective security”) established prior to the instant collective security (hereinafter referred to as the “priority collective security”), which is a creditor of the instant collective security (hereinafter referred to

(hereinafter referred to as "the voluntary auction of this case" is the same as the above two voluntary auctions.

On October 13, 2011, the date of sale of the instant apartment in the name of the Defendant, the Plaintiff asked the Defendant to receive a successful bid for the instant apartment in the name of the Defendant, and the Defendant issued a promissory note (hereinafter “instant promissory note”) with the face value of KRW 60 million as security for the instant loan and the issue date October 13, 201, which is the date of sale of the instant voluntary auction. The Plaintiff paid KRW 6 million for the Plaintiff and KRW 16 million as security for the Defendant’s purchase to the auction court, and participated in the auction, but the highest bidder was the highest bidder due to the failure to pay the auction price.