1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. C acquired real estate at Jeju Island D, E, F, and G land (hereinafter “instant land”) at Jeju Island (hereinafter “instant land”) around August 2015, and newly built penture (hereinafter “instant building”) on the said D and F’s ground around August 2015.

(hereinafter “instant real estate” is added to the instant land and buildings. B

C and Defendant C determined the total purchase price of the instant real estate as KRW 4.3 billion on April 2016, and concluded a sales contract to transfer 1/2 of the instant real estate to Defendant with the remainder of KRW 1,841,00,000 after deducting the total amount of the instant real estate loans and the lease deposit amount of KRW 2,459,000 from the total amount of KRW 4.3 billion.

From that time, the defendant operated the pen in his own name from the real estate of this case.

C. On April 4, 2016, the registration of the establishment of a neighboring mortgage by the Defendant was completed on April 4, 2016 with regard to the instant real estate by the Defendant C and the maximum debt amount of KRW 2 billion.

(hereinafter “instant collateral security”).

D. (1) On June 28, 2016, upon the Defendant’s application based on the instant right to collateral security, the Plaintiff rendered a voluntary decision to commence the auction of the instant real estate on June 28, 2016. However, on October 31, 2016, the Plaintiff, who leased part of the instant building and operated the carpet, purchased the instant real estate in the amount of KRW 4.6 billion and received all collateral loans and lease deposits, and received all necessary things from the Defendant to the lodging business. On the same day, the Plaintiff paid the down payment in the amount of KRW 4.8 million to H while the Defendant was present in C and the Defendant’s agent (Nam H). On the same day, the Defendant voluntarily withdrawn the said voluntary auction application on November 1, 2016. (2) On December 15, 2016, the Plaintiff paid the intermediate payment of KRW 500 million to C.

E. On January 12, 2017, the Defendant rejected the cancellation of the registration of the establishment of the instant nearby mortgage on the ground of the settlement issue with C, which was the remaining date.