1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. As to the case of application for a voluntary auction of D real estate in the Changwon District Court

1. Basic facts

A. On December 24, 1993, the Plaintiff entered into a mortgage agreement with Defendant B, with the debtor and the mortgagee of the right to collateral security, the creditor and the mortgagee, the creditor, the mortgagee, the maximum debt amount of 90,000,000 won, and the secured claim of 70,000,000 won (2% per annum) on the above forest owned by the Plaintiff. On December 30, 1993, the Plaintiff completed the registration of the establishment of a neighboring forest under Defendant B’s name on December 30, 1993.

(hereinafter referred to as the "mortgage of this case") B.

Since then, the said E forest was divided into E forest land into 2,077 square meters and G forest land: (a) around June 1998; and (b) around April 2008, the said F forest was divided into 161 square meters of F forest land, H forest land 20 square meters of H forest land, 133 square meters of I forest land, and J forest land 4 square meters of land.

(hereinafter referred to as “forest land before division” shall be referred to as “forest land before division”, and forest land after division shall be referred to as “E forest land, etc.” only with its lot number after division.

On January 13, 1999, the provisional attachment registration was completed with respect to the E forest land in Busan District Court amounting to KRW 10,000,000 due to the provisional attachment order of the Busan District Court 9Kadan965 on January 13, 199.

On April 208, the Plaintiff: (a) decided to donate part of F forest land before subdivision to K for the construction of K; (b) requested Defendant B to cancel the instant mortgage on forest land donated to Defendant B; (c) divided the F land before subdivision with Defendant B’s consent; and (d) cancelled the instant mortgage on L forest land, I forest land, and J forest.

E. On March 2, 2015, the Plaintiff prepared and delivered to Defendant B a note of payment that “90,000,000 won is to be paid by December 30, 2015” (hereinafter “instant note of payment”) and on November 30, 2015, the Plaintiff promised to pay between the Plaintiff and Defendant B by June 30, 2016 as the same as the collateral security on December 24, 2013.”

set up and delivered to Defendant B.

(f) the defendant.