1. The defendant received on January 23, 2009 from the registration office of the Incheon District Court with respect to the real estate stated in the attached list from the plaintiff.

1. Facts of recognition;

A. The Plaintiff is a 1/3 share holder of the real estate indicated in the separate sheet (hereinafter “instant real estate”). The Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) against the Plaintiff’s entire share due to a contract establishing a contract on January 23, 2009 as of January 23, 2009, including the maximum debt amount of KRW 90,000,000, the debtor, the mortgagee, and the mortgagee as the Defendant.

B. The Defendant remitted the total of KRW 46,500,000 on January 24, 2009 and KRW 26,500,000 on January 30, 2009 to the deposit account in the Plaintiff’s name of the National Bank.

On the other hand, the defendant paid 10,000,000 won to Nonparty C on January 30, 2009.

C. From March 1, 2009 to June 22, 2016, the Plaintiff paid a total of KRW 128,125,000 to the Defendant.

On July 29, 2016, the Plaintiff deposited KRW 22,400,00 for the Defendant, and the Defendant received the deposit without objection on August 10, 2016.

E. On the other hand, on January 23, 2009, the Plaintiff issued to the Defendant a promissory note stating “60,000,000 won for each of the payment dates as of January 23, 2010, the payment place, the place of payment, and the place of issue Kimpo-si,” respectively. On the same day, the Plaintiff issued each of the promissory notes stating “90,000,000 won for each of the payment dates as of January 23, 2010, the payment place, the place of payment, the place of payment, and the place of issuance (the highest bond amount, the principal amount60,000,000 won).”

【Ground of recognition】 The fact that there is no dispute, Gap’s No. 1, 2, and 3-1 through 8, Gap’s No. 4, 5, Eul’s No. 1-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties asserted that the plaintiff would borrow KRW 60,00,000 from the defendant, and completed the registration of the establishment of the creation of the creation of the creation of the neighboring mortgage of this case. However, the defendant deposited only KRW 46,50,00 to the plaintiff, and the plaintiff paid part of the principal and interest on KRW 46,50,000 to the plaintiff, and deposited the remainder, so the registration of the establishment of the neighboring mortgage of this case should be cancelled since the whole secured claim of this case was extinguished.