1. The plaintiff's claim that the court changed in exchange is dismissed.

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

1. Basic facts

A. The Defendant is the father of C, and is the owner of land 25,949 square meters in Incheon Jung-gu (hereinafter “instant land”).

B. On March 11, 2016, the Defendant: (a) prepared and delivered to the Plaintiff a letter stating, “C, by March 11, 2016, as to the total amount of KRW 100 million borrowed from He/she borrowed from He/she, the principal, as his/her father, by acting on behalf of him/her for the borrowed money, that the relevant parcel of the borrowed money should be transferred or established as a collateral security right; (b) The method of assessing real estate prices should be based on the transaction price” (hereinafter “each of the instant forms”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 5, the purport of the whole pleadings

2. Summary of the cause of the Plaintiff’s claim

A. The Plaintiff loaned a total of KRW 377,250,000 to C from October 2, 2013 to September 7, 2015.

As of August 31, 2017, the amount of outstanding loans as of August 31, 2017 is KRW 316,645,108 of the principal and KRW 17,645,374 of the interest.

B. The Defendant prepared and delivered the instant written statement to the Plaintiff, and as such, there exists any balance claim with respect to the principal and interest of the loan. Accordingly, according to the foregoing written statement, the Plaintiff is obligated to complete the registration of creation of a mortgage on the instant land (hereinafter “registration of creation of a mortgage”) with respect to the Plaintiff on March 11, 2016, the maximum debt amount of which was 400,000,000 won due to a mortgage contract, and the debtor C,

C. The plaintiff was paid KRW 180,000,000 after the defendant prepared and delivered the letter of this case, but the above money was repaid by C, not by the defendant, and the remaining principal and interest of the loan still exists. Thus, the defendant is obligated to complete the registration of creation of a mortgage of this case.

3. Even if the premise C proves that the money borrowed from the Plaintiff was used in whole or in part for the Defendant’s business capital, the cause of the instant claim that the Plaintiff directly constituted against the Defendant is the immediate cause of the claim.