1. The plaintiff's claim is dismissed.

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

1. On March 8, 2016, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of this case”) with the maximum debt amount of KRW 50 million with respect to the real estate indicated in the attached list owned by the Plaintiff on March 8, 2016.

[Reasons for Recognition: Evidence A 1]

2. The parties' assertion

A. On March 5, 2016 and March 17, 2016, the Plaintiff borrowed a total of KRW 15 million from C, which was put forward by the Defendant, and completed the registration of creation of a mortgage of this case to secure this. The Plaintiff repaid KRW 15 million to the Defendant on December 5, 2016, and thus, the secured obligation of the said right to collateral was entirely extinguished. Accordingly, the Defendant is obligated to implement the registration procedure for cancellation of the registration of the establishment of a mortgage of this case to the Plaintiff. (2) As the Defendant asserted, the obligation of KRW 35 million against D, E, F, and G C was not taken over, and thus, the obligation of KRW 35 million is not included in the secured obligation of the establishment of a mortgage of this case.

B. On March 7, 2015, the Defendant’s assertion that the Plaintiff took over loans worth KRW 35 million on August 16, 2010 against D, E, F, and G C, and the Plaintiff’s debt of KRW 15 million as well as the Plaintiff’s debt of KRW 35 million is included in the secured debt of the registration of the establishment of a new mortgage.

Therefore, as long as the debt acquired as above is not fully extinguished, the defendant is not obliged to implement the procedure for registration of cancellation of the registration of establishment of the mortgage of this case.

3. Comprehensively taking account of the following facts and circumstances acknowledged by the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, the Plaintiff determined the total amount of KRW 5 million as the loan amount of KRW 35 million among the Plaintiff’s debt to C and the Plaintiff’s debt to D, E, F, and G, which is the Plaintiff’s family member, as the loan amount of KRW 15 million.