1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 2, 2002, the Plaintiff acquired the ownership of the D Apartment No. 2210, 104, and 104 (hereinafter “the instant apartment”).

B. As to the apartment of this case, the Plaintiff concluded a mortgage agreement with the Defendant on August 31, 2002 with the debtor B and C, with the maximum debt amount of 200 million won, and accordingly, concluded a mortgage agreement with the defendant on September 5, 2002 with the Busan District Court as the Busan District Court Branch No. 149783, Sept. 2, 2002. ② concluded a mortgage agreement with the defendant on November 23, 2004, with the debtor B and C, with the maximum debt amount of 200 million won as of November 24, 2004, and accordingly, completed a mortgage establishment agreement with the defendant as of November 24, 2004 with the same court as of February 24, 2009, with the purport of KRW 100 million with the maximum debt amount of the mortgage amount of KRW 100 million as of February 28, 2009.

(2) The Plaintiff and the Defendant agreed to the effect that, at the time of each of the instant mortgages contract, the Plaintiff and the Defendant agreed to the effect that, within the scope of the maximum debt amount, the obligor, as either the sole or several debt or the guarantor, the amount of the loan, each of which is currently borne by the obligee or will be borne in the future, and all of the obligations arising from the issuance, endorsement, guarantee, and acceptance of all of the bills and checks as well as commercial transactions, shall be set up as the collateral.

C. After February 10, 2010, the Defendant received a decision to commence the auction of the instant apartment from the Incheon District Court to the Busan District Court Branch-Support E, based on each of the instant collective security rights.