1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 6, 201, upon C’s request, in order to secure the Defendant’s obligation owed by C, the Plaintiff concluded that the Defendant, along with respect to the real estate indicated in the separate sheet owned by C, the establishment registration of the mortgage is completed at the intervals of KRW 20 million with respect to the maximum debt amount, the mortgagee, the Defendant, and the debtor C (hereinafter “instant mortgage contract”). On the following day, the Defendant had completed the establishment registration of the mortgage (hereinafter “instant mortgage”) prior to the Suwon District Court registration office (149188, Oct. 7, 201) as to the said real estate.

B. C secured the instant right to collateral security and borrowed the instant amount of KRW 60 million from the Defendant’s account in the name of the Defendant at KRW 7 million on October 7, 201, KRW 200 million on October 20, 201, and KRW 67 million on October 25, 201.

C. Meanwhile, on September 20, 201, C received KRW 200 million from the Defendant as the price for acquiring the shares of another corporation from a company operated by C on September 20, 201, and was provided with the expenses incurred in operating the company several times from the Defendant.

C Around April 25, 2012, 200,000 won was transferred to the Defendant on April 25, 2012, and paid KRW 7 million on April 27, 2012, KRW 1 million on April 30, 2012, KRW 10 million on June 1, 2012, KRW 10 million on August 31, 2012, KRW 40 million on December 17, 2012, KRW 10 million on January 31, 2012, KRW 31,000,000 on January 31, 2013, KRW 700,000 on May 31, 2013, and KRW 15 million on August 25, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and 6 (including branch numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion 1 of the instant mortgage is completed for the security of a specific claim. The secured debt is limited to a loan obligation in an amount equivalent to KRW 67 million borrowed from the Defendant at the time of the registration of the creation, and C expressed its intent that it should be appropriated for the repayment of the said loan in preference to the Defendant, and exceeds the amount of the debt until August 2, 2013.