1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. On November 23, 2006, C and D purchased the instant land in KRW 622,00,000 from the purchase price to KRW 8,228m2 (hereinafter “instant land”). On December 26, 200, C and D purchased the ownership transfer registration in a single name on December 26, 2006.

B. The plaintiff is a sentence D, and C A is the above.

When purchasing the instant land, as described in the subsection, 100,000 won was invested to D.

C. On February 15, 2007, the establishment registration of the instant land was completed on the basis of the maximum debt amount of KRW 165,000,000, the debtor C and the mortgagee D.

D At the same time, on February 26, 2008, upon the request of the Defendant, even though there was no obligation or obligation with the Defendant, the registration of the establishment of the creation of the above neighboring mortgage was cancelled, and at the same time, the registration of the establishment of the creation of the neighboring mortgage by the obligor C and the mortgagee (hereinafter “the establishment of the creation of the neighboring mortgage of this case”). D.

On March 1, 2008, the Defendant purchased the instant land by borrowing part of the purchase price from the Defendant and the Plaintiff, and the Defendant, in the process of establishing the right to collateral security, decided to set up the right to collateral security (165,000,000 won) under the sole name of the Defendant in the process of establishing the right to collateral security, and recognized that the Defendant, the mortgagee of the right to collateral security, has a total of KRW 165,00,000 out of KRW 165,000,000 to the Plaintiff, who was not recorded separately, was liable for and paid for the investment profit of KRW 100,000,00 in the course of selling the instant land in the future (Evidence No. 1).

E. After that, on December 11, 2008, the registration of the establishment of the mortgage of this case was made as the principal registration, and on December 10, 2008, the amount of KRW 55,000,000, and the 10th of the same month which was the mortgagee F of the right to collateral security, the additional registration of the partial transfer of the right to collateral security was completed on the ground of partial transfer of the right to collateral security, and on December 12, 2008, the remainder of the right to collateral security under the name of the defendant was made on the ground of partial transfer of the right to collateral security D and the same day.