1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. From February 13, 2017 to January 10, 2018, the Defendant lent to the Plaintiff a total of KRW 60 million (hereinafter “instant loan”). On January 10, 2018, the Plaintiff prepared a loan certificate stating that “The Plaintiff will pay interest of KRW 0.5% per annum on the instant loan, and pay the principal by December 10, 2019.”

B. On July 19, 2018, the Plaintiff created a mortgage (hereinafter “instant mortgage”) as described in paragraph (1) with respect to a motor vehicle on its own (hereinafter “instant motor vehicle”) as indicated in the separate sheet for the purpose of securing the instant loan, with the claim amounting to KRW 30 million.

C. The Plaintiff repaid the Defendant KRW 11 million out of the instant loan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 8, and the purport of the whole pleadings

2. The Plaintiff asserted that, first of all, the Defendant sold the instant automobile to another person to cancel the registration of creation of a mortgage of the instant case and paid the remainder of KRW 49 million out of the instant loan (i.e., KRW 60 million - KRW 11 million). The Plaintiff claimed against the Defendant that the procedure for registration of cancellation of the registration of creation of a mortgage of this case should be implemented.

The debtor may seek cancellation of the registration of the establishment of mortgage in order to secure his obligation only if he has to repay his obligation first.

However, if the debtor claims the implementation of the procedure for registration of cancellation of the establishment of a mortgage on the condition that he/she would repay part of the secured debt, but it is not sufficient to extinguish the full amount of the debt due to differences in the opinion on the scope of the secured debt, it shall be interpreted that the claim includes the purport of seeking cancellation of the registration on the condition that the remaining debt is repaid.