1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion is the defendant's birth, and the plaintiff and the defendant concurrently operate C.

Although the Plaintiff did not actually borrow KRW 400 million from the Defendant, the Plaintiff completed the registration of establishment of a neighboring mortgage on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with the Defendant as a collateral holder, and then did not file an application for voluntary auction, etc., but agreed that the instant mortgage contract shall be terminated if the Defendant violated the aforementioned agreement.

However, since the Defendant applied for voluntary auction on November 8, 2016 with respect to each of the instant real estate in violation of the foregoing agreement, the instant mortgage contract became null and void, or terminated by delivery of a copy of the Plaintiff’s complaint, and thus, the Defendant is liable to implement the procedure for registration of cancellation of the establishment of a mortgage of the instant real estate to the Plaintiff.

2. We examine the judgment of the court below and the records and videos (including each number) of the evidence Nos. 5 and 6 are not sufficient to recognize that the establishment registration of the mortgage was made by false means as asserted by the plaintiff, but it is not sufficient to recognize that the mortgage contract of this case was invalidated or that the defendant agreed to grant the plaintiff the right to terminate the auction, and there is no other evidence to acknowledge otherwise.

Rather, according to the statements in Eul evidence Nos. 1 and 2, on March 5, 2016, the plaintiff prepared a letter of commitment to sell and sell each of the instant real estate to the defendant and to pay KRW 200 million, and the plaintiff and the defendant prepared a monetary loan contract on June 15, 2016, stating that "the plaintiff borrowed KRW 400 million from the defendant, but the due date shall be August 15, 2016, and interest shall not exist." The evidence submitted by the plaintiff alone is presented by the defendant as alleged by the plaintiff.