1. The plaintiff's claim is dismissed.

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

Basic Facts

On July 31, 2012, the Seoul Metropolitan Government, including the Plaintiff’s purchase of the instant real estate and the preparation and delivery of the loan certificate for G, has made registration of preservation of ownership on H religion site 1,917 square meters (hereinafter “instant real estate”).

Meanwhile, the Plaintiff agreed to borrow KRW 1.9 billion from G in order to secure the purchase price of the instant real estate (around 2.27 billion) and prepared and delivered to G the loan certificate of KRW 1.9 billion (hereinafter “the first loan”) and a promissory note certificate of KRW 1.9 billion in face value to G on June 8, 2012.

(No. 626, 2012. The Plaintiff received the registration of ownership transfer from Seoul Special Metropolitan City on September 18, 2012 on the instant real estate on May 12, 201.

On October 25, 2012, the Plaintiff completed the registration of the establishment of a mortgage on the instant real estate with the maximum debt amount of KRW 1.547 billion (the maximum debt amount of KRW 1.277 billion on November 30, 2012), the registration of the establishment of a neighboring mortgage on the debtor I, the registration of the establishment of a mortgage on the National Federation of Fisheries Cooperatives, the maximum debt amount of KRW 1.2 billion on November 30, 2012, and the registration of the establishment of a mortgage on the Plaintiff as the debtor, respectively.

G on December 6, 2012, G issued a receipt to the Plaintiff stating that “the receipt of KRW 1.3 billion in relation to the instant primary use and the remaining repayment date of KRW 600 million shall be extended by May 7, 2013.”

On January 7, 2014, the Plaintiff, including the preparation and delivery of the loan certificate, against the Defendant, prepared and delivered the loan certificate with the Defendant KRW 700 million as of March 7, 2014 on the date of repayment, and interest KRW 21 million as of March 7, 2014 (payment on the seventh day of each month) (hereinafter “instant No. 2-1 loan certificate”), and completed the registration of establishment of a mortgage against the instant real estate with the Defendant as the Plaintiff, the maximum debt amount of KRW 1 billion as to the instant real estate, and the debtor as to the registration of establishment of a mortgage.

(hereinafter “instant No. 2-1 collateral security”). The Plaintiff, through G on August 11, 2014, is KRW 250,000,000 of the borrowed money, and the due date for payment, KRW 11, 200,000,000 from November 11, 2014, and KRW 7,50,000,000 per interest.