1. The plaintiff's main claim is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed;

3...

1. On June 8, 2016, the Defendant decided to lend KRW 46 million to the Plaintiff at an interest rate of 1.7% per month, interest rate of arrears rate of 2.3% per month, and June 7, 2019. In order to secure loans on the same day, the Defendant completed the registration of the establishment of chonsegwon (hereinafter “registration of the creation of chonsegwon”) with the Seoul Southern Southern District Court’s receipt of the maximum debt amount of KRW 69 million (hereinafter “registration of the creation of mortgage”) and the registration of the establishment of chonsegwon (hereinafter “registration of the creation of chonsegwon”) with the Seoul Southern District Court’s receipt of KRW 3929,00,000 (hereinafter “registration of the creation of a lease on a deposit basis”) from June 8, 2016 to June 7, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings

2. The plaintiff's assertion

A. On June 8, 2016, the Plaintiff borrowed KRW 46 million from the Defendant to the Defendant for the purpose of securing the repayment of the loan. However, the Defendant deposited KRW 46 million with the Plaintiff’s bank account, which had the Plaintiff withdraw KRW 46,01,980, and then had the Plaintiff withdraw KRW 42,259,760, out of which the Defendant or the Defendant’s employees acquired KRW 42,259,760 without permission. Accordingly, there is no secured obligation for the registration of the establishment of a neighboring mortgage.

In addition, the Plaintiff did not conclude a contract to establish a right to lease on a deposit basis with the Defendant.

Therefore, the registration of the establishment of a mortgage and the registration of the establishment of a right to lease on a deposit basis of the instant case is null and void.

B. Although there is no obligation to guarantee the registration of the establishment of a mortgage near the instant preliminary claim, the Defendant applied for the auction of the instant real estate in Seoul Southern District Court C with respect to the instant real estate upon the registration of the establishment of a mortgage near the instant preliminary claim, the said compulsory execution should be dismissed.

3. Determination

A. Judgment on the primary claim 1.