1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 3, 2007, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the instant collateral security”) with respect to C’s share (hereinafter “instant real estate”), among each real estate listed in the separate sheet on July 3, 2007, as to C’s share (hereinafter “instant share”), the maximum debt amount is KRW 250,000,000, the debtor C, and the creditor as the defendant.

B. On April 7, 2008, the Plaintiff completed the registration of the establishment of a collateral for the instant real estate as the maximum debt amount of KRW 60,000,000, and the debtor C and the creditor as the Plaintiff.

C. C died on January 22, 2016.

On February 15, 2016, the Defendant applied for a voluntary auction of real estate concerning the instant real estate.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 6 (including provisional number; hereinafter the same shall apply), Eul evidence 5, the purport of the whole pleadings

2. The parties' assertion

A. The secured debt of the Plaintiff’s instant mortgage does not exist.

Even if there is a existence, the full repayment had already been extinguished.

B. The Defendant set up the instant collateral security in order to secure a loan claim of KRW 150,000,000 for the principal against Defendant C, and the secured debt was not fully repaid.

3. Determination

A. First, we examine whether the secured claim of the instant right to collateral security exists and whether the establishment of the instant right to collateral security is invalid as a false declaration of agreement.

In full view of the above evidence and evidence as well as evidence Nos. 1 through 4, and the response of the order to submit financial transaction information to the Bank of Korea to Korea, the entire purport of the pleadings, the defendant transferred KRW 98,00,000 after deducting KRW 2,00,000 from the prior interest rate of KRW 30,000 on January 3, 2003, and the wife E stated that the defendant lent KRW 50,000,000 to C around January 16, 2003, and C appears to have given the principal amount of KRW 150,00,000,000 on September 15, 2007, and the interest rate of KRW 10,000 on September 15, 2007 (payment on January 30, 200), and it appears that C and E were to have given the Defendant a loan certificate to C around January 20, 2003.