1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. F apartment G (hereinafter “instant real estate”) was owned by H at the time of Pakistan.

On April 14, 2014, the Defendant completed the registration of the establishment of a neighboring real estate as the debtor H and the maximum debt amount of KRW 103,200,00 on the instant real estate.

(hereinafter “The instant mortgage”). In preparing a written mortgage agreement, H stated “the limited collateral security” in the column of the scope of the secured obligation, and stated “the limited collateral security and the debtor’s obligation to the creditor in the present and future due to the following transactions” in the column of “credit loan content”.

In addition, on April 15, 2014, the Defendant lent KRW 85 million to H with a mortgage loan and KRW 17 million with a credit loan.

In addition, on April 15, 2015, the Defendant extended a loan of KRW 12 million to H after completing the registration of creation of a neighboring mortgage in addition to the debtor H and the maximum debt amount of KRW 12 million.

B. On September 26, 2017, I completed the registration of the establishment of a neighboring real estate as the debtor H and the maximum debt amount of the instant real estate amount of KRW 45 million.

In addition, on October 26, 2017, I created a pledge to J and completed the registration of the secured debt of the above-mortgage.

C. Defendant I applied for a voluntary auction on the instant real estate, and received a voluntary decision on the commencement of auction on June 11, 2018 from the Ji Government District Court Goyang Branch.

On June 18, 2018, the Plaintiff acquired the above secured debt from Company I, and completed the registration of transfer of the establishment of the above secured debt.

On the other hand, on May 31, 2018, the registration of the right to collateral security was cancelled, and on June 25, 2018, the Plaintiff established the right to collateral security and completed the registration with K on June 25, 2018.

In the above auction procedure, the defendant submitted a bond statement of KRW 11.3 million with the principal and interest of KRW 1,597,212 with the total of mortgage loans and credit loans.

In this case.