1. The plaintiff's claim is dismissed.

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

Basic Facts

1) On April 27, 2007, Seosan-si and 1, E 106 Dong 401 (hereinafter “the apartment of this case”) are legally married couple C and the defendant are legally married couples.

(2) On September 14, 2007, the Defendant completed the registration of ownership transfer on April 26, 2007 with respect to the instant apartment on the ground of sale and purchase. (2) The Defendant, on September 14, 2007, set the maturity of the loan from the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), obtained a loan of KRW 30,000,000 (hereinafter “the instant loan 1”), and C and the Defendant, on September 14, 2007, completed the registration of ownership transfer on the instant apartment on September 14, 2007 with a maximum claim amount of KRW 36,00,000,000 for the instant apartment, as well as the establishment of a mortgage registered near the Defendant and the National Bank of Korea Co., Ltd. (hereinafter “National Bank of Korea”).

(2) On November 12, 2008, 198, 3) C is a mountain village, mountain village, mountain village, and livestock cooperative (hereinafter referred to as 's mountain village, mountain village, mountain village and livestock cooperative').

2) A loan of KRW 40,000,000 from the Plaintiff (hereinafter referred to as “instant second loan”).

(4) On November 13, 2008, in order to secure the debt of the instant second loan, C and the Defendant completed the registration of creation of a mortgage over the instant apartment on November 10, 2008 (the maximum debt amount of KRW 48,00,00,000, the debtor C and the debtor C, the debtor, the YYYYYYYYYYYYYYYYYY, the debtor, and the debtor. (4) On November 13, 2008, the defendant repaid the Defendant’s full repayment of the debt of the instant first loan to the National Bank of KRW 30,464,508, and accordingly, on November 13, 2008, the registration of creation of a mortgage on the first loan

On the other hand, C made the remainder of the loans of this case 2 with entertainment expenses, etc.

5) C and the Defendant reached the year 2013, a new bank (hereinafter “new bank”)

The loan of this case was obtained from a new bank with the awareness that the ratio of the loan of this case is lower than the YYYYYYY, and the loan was sought from the new bank. On April 4, 2013, as at the time C was a person with bad credit standing, 50.