1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 31, 2005, the Plaintiff extended a loan of KRW 50,00,000 to the Defendant on October 31, 2005, after completing the registration of the establishment of a neighboring mortgage, which is the maximum debt amount of KRW 65,00,00,000, over the land and the building C.

B. On March 12, 2010, the Defendant filed an application for an auction for the enforcement of the foregoing right to collateral security and received a decision to commence the auction (the auction conducted pursuant to the foregoing decision to commence the instant auction) on March 12, 2010.

C. On the other hand, the Plaintiff filed a lawsuit against the Defendant for the cancellation of the registration of the establishment of the foregoing mortgage and the non-existence of the secured obligation (Seoul District Court Decision 2010Da19946, 10304). On the condition that deposit KRW 2,00,000 on July 26, 2010 was made by filing an application for the suspension of the auction procedure of this case and deposit KRW 20,000,000, the above auction procedure was suspended until the judgment of the case was rendered (Seoul District Court Decision 2010Kadan2755).

According to the above decision, the Plaintiff deposited KRW 2,000,000 on July 29, 2010 (No. 11666, 2010, hereinafter referred to as “instant deposit”) and the instant auction procedure was suspended.

E. The Defendant received the instant deposit money on April 30, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 7 evidence, Eul evidence 1, 2, 9, the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion was revoked the decision on commencement of the auction of this case by fully repaying the secured obligation as stated in the 1-A-mortgage, and thus, since 2,000,000 won of the deposit money of this case was paid out by the defendant even though the plaintiff should be recovered by the plaintiff, the defendant is liable to pay the plaintiff the above 2,00,000 won and damages for delay.

3. Determination

A. In full view of the evidence Nos. 5, 5, 3, 5-1, 2, 3, and 6 and the purport of the entire pleadings, the following facts are recognized:

1 In the lawsuit filed by the Plaintiff as stated in paragraph 1(c), the full amount of the secured debt of the right to collateral security on January 18, 201.