1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On March 12, 2015, the Defendant completed the registration of establishment of the right to collateral security (hereinafter “mortgage”). No. 4808, Jinju District Court, Jinju District Court, Jincheon District Court, as to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with regard to the establishment of the right to collateral security (hereinafter “mortgage”).

B. After receiving the instant right to collateral security from B on June 3, 2015, the Plaintiff completed the registration of the transfer of the instant right to collateral security with the Jincheon District Court No. 11065, Jun. 12, 2015, which was received on June 12, 2015.

C. On July 13, 2015, the Defendant agreed with the Plaintiff that “The amount of the instant right to collateral security shall be paid KRW 65 million, but shall be paid KRW 15 million up to July 31, 2015, and KRW 50 million up to December 31, 2015, and shall settle all the expenses incurred in relation to the auction of real estate and the lawsuit for claim for construction cost, which is already in progress, and if the amount is not paid by December 31, 2015, the Defendant agreed that “the amount of the instant right to collateral security shall be paid at least 6% per annum from the date of the transfer of the instant right to the date of delivery of a copy of the complaint, and 20% per annum from the next day to the date of full payment” (hereinafter “instant agreement”).

The Plaintiff paid KRW 15 million, which was agreed to pay by July 31, 2015 in the instant agreement, on August 6, 2015, and deposited the remainder KRW 50 million on September 1, 2015. On October 6, 2015, the Cheongju District Court C, which began to commence with respect to the instant real estate, deposited KRW 2,646,580 as the procedural costs for the auction of real estate.

E. The Defendant filed a lawsuit against the Plaintiff seeking implementation of the procedure for registration of cancellation of the registration of the establishment of the mortgage of the instant case as the Cheongju District Court 2015da11013.

In the above lawsuit, the Plaintiff asserted to the effect that the instant right to collateral security can be cancelled due to the repayment of the principal amount of KRW 507,945 in total, as described in paragraph (2) from the Defendant.

(f).