1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to the real estate indicated in the attached list, the Plaintiff owned (CBL 302), the establishment registration was completed on the ground of the contract that was concluded on January 15, 2003 with respect to the real estate (CBC 302) as indicated in the attached list, and the establishment registration was completed on January 17, 2003, Incheon District Court Decision 4109, which was received on January 17, 2003.

(hereinafter “instant collateral security” or “the establishment registration of the instant collateral security”). B.

On June 3, 2014, the defendant filed an application for provisional seizure against the plaintiff by the Incheon District Court 2014Kadan5306, which caused the claim amount of 13 million won, and completed the decision of acceptance on June 3, 2014, and the provisional seizure registration was completed on the same day.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. Determination

A. The registration of the establishment of a mortgage of the instant case as to the gist of the Plaintiff’s assertion is an invalid registration that does not actually exist.

In the case of the compulsory auction of immovables D in Incheon District Court, the Defendant received a total of KRW 53,592,105 as a mortgagee and a person entitled to demand a distribution. During the process of a lawsuit of demurrer against distribution, the Defendant agreed to lend KRW 13,00,000 to the Plaintiff out of KRW 53,592,105, but if the Plaintiff did not repay it, the Defendant executed the instant collateral security, thereby recovering KRW 18,000,000.

According to the above agreement, since the Defendant actually lent KRW 13 million to the Plaintiff, the establishment registration of the instant neighboring mortgage is valid to secure the above loan obligations, but the Defendant’s security of the claim for the loan amounting to KRW 13 million by making a provisional attachment with the Incheon District Court 2014Kadan5306, the establishment registration of the instant neighboring mortgage ought to be cancelled.

B. Comprehensively taking account of the overall purport of the arguments in the statement Nos. 1 through 9, the defendant borrowed 30 million won from the plaintiff around April 25, 2002 from the plaintiff as the borrower and the plaintiff as joint and several sureties in order to secure this.