1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 19, 2009, the Plaintiff borrowed 400 million won from the Defendant as interest rate 2% per month and due date on December 18, 2010 (hereinafter “the instant loan”).

B. On November 19, 2009, the Plaintiff, as a security for the instant loan, set up a joint collateral security with the Seocho-gu Seoul International Apartment J and joint collateral security in addition to the instant F real estate owned by the Defendant as well as the instant F real estate in Gwangju-si, Gwangju-si, Gwangju-si (hereinafter “instant F Real Estate”). On December 2, 2009, the 1st apartment-dong, Nam apartment-dong, Namyang-dong, was added to the instant collateral security and was added to the instant mortgage security by Gwangju-si on December 21, 2009.

Of these, with respect to the 1 L of K Apartment-dong 1, Namyang-si, the mortgage was cancelled on May 25, 2012, and it was excluded from the joint collateral of the instant mortgage.

As to the maximum debt amount of KRW 520,000,000, the right to collateral security (hereinafter “instant right to collateral security”) was created with a content of KRW 520,000.

C. The Defendant, based on the instant right to collateral security, filed an application for the auction of real estate rent with the Suwon District Court support C, with respect to the instant F real estate, and on January 19, 2017, the distribution schedule was prepared with the Defendant, who distributed dividends of KRW 494,750,461 (hereinafter “instant dividends”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Plaintiff sold the Plaintiff’s co-ownership share in Gwangju City, which is the land prior to the division of each real estate listed in the separate sheet (hereinafter referred to as “individual real estate”) owned by the Plaintiff, to H, who is the Defendant’s wife, and completed the registration of ownership transfer under the name of the Plaintiff. It is a weak meaning that guarantees the loan of this case and requires settlement procedures.

However, H is jointly owned by other co-owners with respect to real estate listed in the attached list.