1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On May 20, 2019, F purchased an automobile listed in the separate sheet from G Co., Ltd. (hereinafter “instant automobile”), and entered into an installment financing agreement with the Defendant on May 20, 2019, at the rate of KRW 66 million per annum of 36 months and interest rate of 4.3% per annum (7.3% interest rate).

B. On May 23, 2019, in order to secure the payment of the said installment, the Defendant completed the registration of the creation of a mortgage, such as the entries in the purport of the claim made by the obligor F, and the mortgagee (hereinafter “instant mortgage”).

C. On July 8, 2019, F completed the transfer of ownership on the instant automobile to the Plaintiff.

The Plaintiff: (a) provided the Defendant with the claim value of KRW 2 million in the instant mortgage; (b) refused the receipt by the Defendant; and (c) deposited KRW 2 million in the claim value as the Defendant under the Seoul Southern Southern District Court Decision 2915, July 15, 2019, with the deposited money deposited as the Defendant on July 15, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. Since the Plaintiff asserted as the third acquisitor of the instant automobile, as the third acquisitor of the instant automobile, deposited the entire amount of the secured debt of the instant mortgage, the Defendant shall cancel the instant mortgage.

B. 1) Determination 1) A third party who has acquired the ownership of a superficies or chonsegwon on the mortgaged real property may make a claim for the extinction of the mortgage by repaying the debt secured by the mortgaged to the mortgagee (Article 364 of the Civil Act). However, the third acquisitor of the mortgaged real property may make a claim for the cancellation of the mortgage by repaying the debt only after the due date for payment of the mortgaged debt comes into existence. 2) The benefit of time is presumed to be for the benefit of the obligor. However, in the instant case where the Defendant and F decided to pay in 36 months the installment adding interest, etc. to the said loan principal, the Defendant, the obligee, also has the benefit of time. Therefore, the Defendant, the