1. The plaintiff's claim is dismissed.

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

Basic Facts

The following facts may be found either in dispute between the parties or in full view of the respective descriptions of Gap evidence 1, 3, and Eul evidence 1 (including each number, if any), and the whole purport of pleadings:

On September 21, 2007, the Plaintiff borrowed KRW 100,000,000 from C with interest rate of KRW 2%, and issued to C a promissory note with a face value of KRW 130,00,000,000 for each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

On November 23, 2007, the Plaintiff transferred KRW 52 million to the Agricultural Cooperative Account in C’s name, which is used by C, and KRW 10 million to the same account on December 17, 2007.

C With respect to the instant real estate on November 28, 2007, the Incheon District Court completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the maximum debt amount of KRW 130 million, the debtor, and the mortgagee C, respectively, under Article 32066 of the Incheon District Court’s Reinforcement Registry.

C On September 17, 2012, after entering into a contract with the Defendant to transfer the instant right to collateral security, the Incheon District Court completed the instant registration of collateral security by the receipt of the Incheon District Court’s Reinforcement Registry No. 24106.

The main point of the claim is that the Plaintiff, around December 2007, paid C the sum of KRW 42 million for KRW 3 copies of the KRW 10 million check and KRW 12 million for KRW 12 million for KRW 10 million for all the secured debt of the instant right to collateral security, and thus, the Defendant is obligated to cancel the registration of establishment of the instant neighboring mortgage.

Judgment

It is not sufficient to recognize that the Plaintiff paid the debt by paying the above check to the National Bank of this Court, Incheon Fisheries Cooperatives, Samdo Agricultural Cooperatives, National Agricultural Cooperatives, National Agricultural Cooperatives, NH Nonghyup Bank, and New Bank based on the results of each order to submit financial transaction information to the National Agricultural Cooperatives, NH Nonghyup Bank, and New Bank, and there is no other evidence to acknowledge otherwise.

Rather, as seen earlier, the instant case.