1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

1. Basic facts

A. On April 20, 2017, the High Military Court of Chuncheon rendered a registration of the establishment of a collateral security (hereinafter “instant collateral security”) with respect to each real estate listed in the separate sheet, owned by the Plaintiff (hereinafter “instant real estate”) with regard to the establishment of a collateral security (hereinafter “mortgage”) with regard to the Defendant, the debtor, the maximum debt amount, 5 million won, as the same was received on April 20, 2017.

B. The Defendant, based on the instant collateral security, received a voluntary decision to commence the auction at the beginning branch of the Chuncheon District Court, and accordingly, on April 1, 2019, the voluntary auction procedure regarding each of the instant real estate was commenced.

C. On October 10, 2019, the Plaintiff deposited KRW 5,55,600,000, total of the maximum debt amount of the instant right to collateral security and the auction cost of KRW 1,855,600, with the Defendant deposited as the principal, as a deposit in this Court No. 278 in 2019, the Plaintiff deposited KRW 56,85,600.

On May 13, 2020, the Defendant cancelled the instant right to collateral security on the grounds of termination on May 12, 2020.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including serial numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is a person who has secured the right to collateral security in order to secure the Defendant’s loan obligation against the Defendant, a well-known father, and has deposited in full the maximum debt amount of KRW 5 million. Thus, the Defendant is obligated to perform the registration procedure for cancellation of the establishment registration of collateral security in the instant case.

B. On April 17, 2017, when the Plaintiff borrowed KRW 50 million from the Defendant as interest rate of 1.5%, the Plaintiff and the Plaintiff jointly and severally guaranteed the loan obligations. Moreover, on June 19, 2017, borrowed KRW 10 million from the Defendant, and on June 19, 2017, the amount of the joint and several surety obligations as of April 17, 2017 and the loan obligations as of June 19, 2017 exceeds the deposited amount, and thus, the said deposit for repayment is null and void.

Therefore, as long as the secured obligation of the instant mortgage still exists, the Defendant shall cancel the instant mortgage.