1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 2, 2006, the Defendant entered into a monetary loan agreement (hereinafter “instant loan agreement”) with the content that the Defendant lends KRW 300,000,000 to C at an interest rate of 3% per month and on June 10, 2006, respectively.

B. In order to secure the Defendant’s claim against C under the instant loan agreement, the Plaintiff completed the registration of the establishment of a mortgage on each real estate listed in the separate sheet (hereinafter “instant real estate”) in the Daejeon District Court’s registration and the registration of the establishment of a mortgage on January 3, 2006, with the maximum debt amount of KRW 1,000,000,000, and the debtor C and the mortgagee as the Defendant (hereinafter “registration of establishment of a mortgage on the instant real estate”).

C. Upon C’s request, the Defendant remitted KRW 235,00,000,000 to C’s wife’s account on January 2, 2016, and KRW 65,00,000 on January 3, 2016, and KRW 130,000,000 on January 4, 2016, and KRW 40,000 on April 13, 2016, and KRW 235,00,000,000 on the aggregate of KRW 10,000 on April 24, 2016, and paid KRW 65,00,000 on a check to C around April 2016.

On March 26, 2015, the Defendant filed an application for voluntary auction based on the instant right to collateral security (hereinafter “instant auction”). On March 27, 2015, the Daejeon District Court rendered a ruling of seizure and commencement of auction on March 27, 2015 (hereinafter the same support E), but the Defendant submitted a written withdrawal of auction on February 2, 2016, the instant auction procedure was terminated on the same day.

E. C introduced the F Co., Ltd. (hereinafter “F”) to the Defendant after the instant application for auction was filed, and the Defendant and F paid KRW 500,000,000 from F on December 18, 2015, upon receipt of the Defendant’s payment of KRW 500,000 from F, the registration of the creation of the instant neighboring mortgage shall be cancelled.

F shall preferentially pay KRW 50,000,000,000, and shall pay KRW 250,000,000 within three months, and the balance of KRW 200,000,000 shall be paid as a revenue certificate (six months for payment) of the G Stock Company.

F waives this Arrangement of 50,000,000 won in the event that the F fails to comply with this Arrangement and this Arrangement shall become null and void.