1. The plaintiff's claim is dismissed.

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

Basic Facts

On June 2, 2011, the Plaintiff created the right to collateral security indicating the purport of the claim with regard to each immovable set forth in the separate sheet owned by the Plaintiff, which covers the mortgagee as the Defendant and the maximum debt amount as KRW 40 million. The same year.

9. As to the real estate stated in the Attachment Nos. 15 and 2, there is no dispute between the parties concerned regarding the establishment of the right to collateral security stated in the purport of the claim that the mortgagee of the right to collateral security and the maximum debt amount shall be KRW 52 million.

The Plaintiff’s assertion that the Plaintiff’s assertion was the Plaintiff’s lending of all the money from C is not the Defendant’s lending.

C The lending act is conducted by lending the defendant's name to avoid financial transactions in his/her name because he/she has been working in a financial institution.

Therefore, each of the above mortgage contracts between the plaintiff and the defendant is invalid as a title trust agreement under Article 4 (1) of the Act on the Registration, etc. of Real Estate under Actual Titleholder's Name, and the registration of establishment of each of the following units is also invalid.

The Plaintiff’s KRW 30 million from C on June 2, 2011, and the same year

9. 15. 40 million won was loaned to the Defendant and each of the above collateral security was set up against the Defendant.

On August 20, 2012, the Plaintiff repaid to the Defendant KRW 60 million, and KRW 20 million on August 22, 2012, all of the secured claims of the foregoing right to collateral security were extinguished.

The remainder of the loan to C is not included in the secured claim of the above secured claim.

The defendant's assertion that the defendant lent money to C and the plaintiff lent the money to C, but the plaintiff paid the above money directly to the defendant.

The Defendant filed a payment order with the Plaintiff seeking the payment of the remaining loans of KRW 65.4 million and the delayed payment damages, and the above payment order became final and conclusive.

Therefore, there is still a secured claim.

If the registration of establishment of a mortgage near each of the instant units was completed, the registration shall be made.