1. The plaintiff's claim is dismissed.

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

1. From December 2004, the Defendant operated the “D agency” in the Northern-gu, Mag-si, Mag-si.

On December 13, 2004, in order to secure the price for the transaction of goods by the above agency, the Defendant completed the registration of creation of a mortgage in the vicinity of the National University of Korea, the Supplier, with respect to the building E-Gu, Nam-gu, 223 square meters and its ground (hereinafter referred to as the “port real estate”) on December 13, 2004, including the maximum debt amount of 40 million won and the debtor F.

[A] G, who had been employed by the above agency as a promotion business employee, acquired the above agency from the defendant in 2006.

In the process, the defendant received a request from G to lend money from G on January 8, 2006, the defendant agreed to pay interest of KRW 20 million to G on February 8, 2006 without setting the due date for payment as of February 8, 2006.

[1] However, G did not pay the above money at the due date.

On the other hand, G opened a milk supply station on April 1, 2006 with the trade name "H".

[A] On April 14, 2006, with respect to the real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”) owned by the Plaintiff on April 14, 2006, the Plaintiff completed the registration of creation of a neighboring mortgage as stated in the purport of the claim (hereinafter referred to as the “mortgage of this case”) with regard to the Defendant’s maximum debt amount of KRW 40 million and the debtor G.

[A] After April 26, 2006, the debtor of the right to collateral security on the immovables was changed to G.

[A] [2] On May 27, 2016, G closed a milk supply station (A 3], and on February 1, 2017, G finished the settlement of the price for goods with the National University of Korea, the right to collateral security established on the ground of termination of the same day was cancelled.

[A] 2. The plaintiff's main assertion is as follows.

G taking over a milk supply station from the Defendant was scheduled to provide the instant real estate to the National Foundation as a collateral, but refused to do so due to lack of collateral capacity, and the Defendant continued to provide a water guarantee in the form of providing the real estate.