1. The plaintiff's claim is dismissed.

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

1. The Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and borrowed part of the purchase price from Nonparty Co., Ltd.

In order to secure the above loan claims, the non-party company completed the registration of creation of a neighboring mortgage, such as the entries in the purport of the claim regarding each of the real estate of this case (hereinafter “mortgage of this case”).

The Defendant filed an application for provisional attachment of the secured debt of the instant right to collateral security with the claim amounting to KRW 652,80,000 against Nonparty Company as the claim amounting to KRW 652,80,000 with the Suwon District Court Branch Branch 2010Kadan51716, Nov. 15, 2010 (hereinafter “instant provisional attachment decision”). Based on the provisional attachment decision of this case, on November 15, 201, the Defendant completed the provisional attachment registration of the instant right to collateral security with the Suwon District Court Branch Branch Branch 456, Jan. 5, 201.

The Plaintiff filed a lawsuit seeking the cancellation of the procedure on the ground that he/she fully repaid the secured debt of the instant right to collateral security against the non-party company as Suwon District Court Decision 2012Gahap2849, and was sentenced to the judgment in favor of the Plaintiff on August 23, 2012. The said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Plaintiff borrowed KRW 200 million from the Nonparty Company, and repaid KRW 7 million on March 31, 2009, and KRW 100 million on September 29, 2009, respectively.

In addition, in the case of claiming the sales agency fee against the non-party company (Seoul Central District Court 2009Da130063), the remaining loan amount is KRW 108,97,000, out of the amount of the loan to the non-party company and the sales agency fee to the non-party company.