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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion and judgment
A. On August 24, 2005, the Plaintiff purchased the instant land at the Defendant’s solicitation for purchase in KRW 233,000,000, and, if the price of the instant land markedly increases, agreed to give money equivalent thereto to the Defendant and made the instant mortgage registration under the Defendant’s name on October 4, 2005. However, the Plaintiff asserted that the instant mortgage registration should be cancelled on the ground that the current price of the instant land is similar to that at the time of purchase, and there is no obligation against the Defendant as to the Defendant.
On October 4, 2005, the fact that the registration of the right to collateral security in this case was completed on the land of this case by the debtor, the mortgagee, the defendant, the maximum debt amount of 300,000,000 won on October 4, 2005 does not have any dispute between the parties. Thus, the registration of the right to collateral security in this case is presumed to have the substantive relation of rights corresponding thereto, and the fact that the registration is null and void due to the procedure and
Therefore, it is difficult to recognize that there is no collateral obligation for the registration of the collateral security in this case only with the descriptions of the evidence Nos. 2 and 4, and there is no other evidence to acknowledge the above facts, the plaintiff's above assertion is without merit.
B. In around 2005, the Plaintiff recommended the purchase of the instant land by finding out information related to the Kimpo City Development Plan from his pro-Japanese job D, and requested the registration of 300,000,000 and formal collateral security. After purchasing the instant land, on October 4, 2005, the Plaintiff paid D KRW 20,000,000 to D on November 7, 2005. Since the initial development plan was not in progress, D returned the said 20,000,000, which it received by himself, and the Defendant also agreed to cancel the registration of the instant collateral security in accordance with the above agreement.