1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s cause of the Plaintiff is the owner holding concurrent office as the obligor of Gangnam-gu Seoul Metropolitan Government Datel 206 and 207 (hereinafter “instant real estate”). The Defendant is the mortgagee of the right to collateral security of the maximum debt amount of KRW 481,00,000, the maximum debt amount of KRW 481,000, which was completed on October 5, 2007 by the registration office of the Seoul Central District Court (hereinafter “the registration office of the instant real estate”).

On November 1, 2016, the distribution procedure of the above real estate auction case, on the date of distribution, the above court prepared a distribution schedule with the content that the amount of KRW 529,430,90,00 for each of KRW 13,500,000 for the non-party D&C, the stock company, the first-order D&C, and D&C Construction Co., Ltd, and the second-order D&C Construction Co., Ltd., and KRW 10,000,000 for the second-order Non-party 1,556,370, the third-order Defendant 481,00,000 for the third-order Defendant, and KRW 9,874,540 for each distribution to Alb, the fourth-order Co., Ltd.

The Plaintiff recognizes the fact that the sum of the principal and interest of the loan granted by the Defendant as security exceeds the maximum debt amount of KRW 481,00,000,000.

However, the Plaintiff borrowed KRW 370,000,000 from the Defendant around October 2007, and thereafter paid the interest in good faith for more than six years from December 2013. From January 2014, the Plaintiff did not pay the interest in good faith.

The plaintiff has been residing in 207 among the real estate in this case, and the sale by auction is placed in the position of the driving-out day, and there is no difference in the sale of the real estate in this case, which is the only property.

Considering the above circumstances, the Defendant’s high rate overdue interest to the Plaintiff constitutes abuse of rights as it is too harsh and unreasonable.