1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 16, 2003, the Defendant purchased each of 1/2 shares (hereinafter “instant land”) out of 2,116 square meters and D miscellaneous land 334 square meters in Incheon-gun, Incheon-gun, and acquired the ownership thereof.

B. On December 11, 2008, 2008, the land size of 2,116 square meters for C forest land in Incheon Strengthening-gun was divided into 1,058 square meters for C forest land and E forest land and 1,058 square meters for forest land. On December 18, 2008, the land ownership of 1,058 square meters for common property was reverted to the Defendant.

After November 5, 2009, C forest land 1,058 square meters was again divided into 529 square meters and 529 square meters in F forest land.

C. The Defendant created a collateral security (hereinafter “instant collateral security”) with regard to the Defendant, the mortgagee, the Plaintiff, and the maximum debt amount of KRW 150,000,00,000 as the Incheon District Court No. 14538, Jun. 4, 2005, regarding the share of 529/2166 and the share of 333.5/34 square meters in D miscellaneous land, among the 2,16 square meters in Incheon-gun C Forest and Forest, which was KRW 2,16,00,000, to the Plaintiff.

On December 16, 2015, J purchased 83.5/34 shares of the land owned by the Defendant at the request of the Plaintiff (In Mancheon District Court G) and H (In Mancheon District Court I), the mortgagee purchased 529 square meters of forests and fields C, and the Plaintiff purchased 529 square meters of forests and fields, respectively, from among 334 square meters in the above voluntary auction procedure.

E. Of the proceeds from the above auction, the Plaintiff received 60,193,277 won as the mortgagee, and the Defendant received 31,833,419 won as the owner, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4, 5, and 9 (including additional numbers), the purport of the whole pleadings

2. Judgment on the primary cause of the claim

A. The plaintiff's assertion 1) on September 10, 2003, the defendant borrowed KRW 110,000,000 from the plaintiff in order to prepare for the purchase balance of the land of this case, and established the mortgage of this case as a security, and thus, the plaintiff is obligated to return the remaining KRW 49,806,723 out of the above loan, except for the amount appropriated as 60,193,277 won.