1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 2, 1995, the Defendant concluded a collateral security contract with respect to F forest No. 2,014 square meters of Eicheon-si, Eicheon-si (hereinafter “Eicheon-si”), G forest No. 3,592 square meters of forest land, H forest No. 1,587 square meters (hereinafter collectively collectively referred to as “instant land before the instant partition”), which was owned by D and D, with regard to the obligee and the mortgagee, the debtor and the person establishing the right to collateral security, as D, with a maximum debt amount of KRW 80 million. The Defendant concluded a collateral security contract (hereinafter referred to as “instant collateral contract”) with the content that “The secured debt is currently or will be borne by D within the maximum debt amount of KRW 80,000,000,000,000 with the signature and seal of D, all the obligations arising from the bills and checks, all obligations arising from commercial transactions, etc.”

B. On August 3, 1995, the Defendant completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with respect to the land prior to the instant partition, which was based on the contract to establish a mortgage of this case on August 3, 1995, the Suwon District Court, Leecheon District Court, Lee & Lee 19833, which was received on August 3, 1995, as the maximum debt amount of KRW 80 million, the debtor D, and the mortgagee as the Defendant. On the other hand, the Defendant was issued a promissory note (hereinafter “instant promissory note”) with D’s face value of KRW 60 million, the date of issuance, August 3, 1995, and August 2, 1996.

C. As to the land prior to the instant subdivision, the Plaintiff completed the ownership transfer registration based on the sale as of December 31, 1996, No. 3581, which was received on December 31, 1996, as of December 31, 1996 (hereinafter “instant ownership transfer registration”). D.

F Forest 2,014 square meters were divided into 1,707 square meters of F forest and 307 square meters of forest, G forest 3,592 square meters on April 11, 2012; G forest 2,007 square meters of forest and J forest and 1,585 square meters of forest; H forest 1,587 square meters on the same day; H forest 217 square meters of forest and 866 square meters of K forest and 504 square meters of land; and H forest 1,707 square meters of forest and 217 square meters of forest and 217 square meters of forest and 207 square meters of forest are divided into 217 square meters on the same day; and