1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Since December 194, 1994, C purchased the land and the building on its ground, and operated restaurant business in the name of E-cafeteria from that building, and became a bad credit holder around 1998. On April 200, C lost ownership of each of the above real estate due to compulsory auction.

Since September 199, C, a creditless person, borrowed the name of the defendant from around September 199 to operate the restaurant after registering the business of the above Ecafeteria. On February 2002, C, a creditless person, purchased each of the above real estate and the F land and the above-ground buildings (hereinafter referred to as the “instant real estate”), and completed the registration of ownership transfer in the name of the defendant.

B. Meanwhile, Nonparty G, the Plaintiff’s father, lent a total of KRW 30 million to C by March 2002.

C. C: (a) on March 30, 202, when the Defendant was in military service (the entry date of October 5, 2000, and the expulsion date of December 4, 2002), C set up a right to collateral security on the real estate (Ecafeteria) in the name of the Defendant in the event that the Defendant is unable to pay the full amount by the due date, the due date of payment shall be June 30, 2002. The borrower C and the Defendant, a joint guarantor, written a loan certificate (hereinafter “the first loan certificate”) and issued to G, the Defendant’s seal imprint kept on the side of the Defendant, the joint guarantor, and affixed the Defendant’s seal imprint affixed thereon.

C on April 29, 2003, for the security of the above loan obligation, G issued a certificate of the Defendant’s seal impression to G, and had G prepare a written mortgage agreement concerning the instant real estate acquired in the name of the Defendant. G entered the mortgagee as the Plaintiff, who was his own son.

On the same day, the establishment registration of the mortgage on the instant real property was completed on the basis of the plaintiff, the maximum debt amount of 40 million won.

E. However, C failed to repay the above loan until September 2003, and on September 30, 2003, in consideration of the interest accrued until September 30, 2003, C’s amount of KRW 40 million, due date for payment, 3% of October 30, 2003, and Defendant.