1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 20, 2013, the right to collateral security (hereinafter “instant right to collateral security”) was created on May 21, 2013 with regard to C forest land 1,488 square meters (hereinafter “instant land”), which is owned by the Defendant, with regard to the right to collateral security (hereinafter “instant right to collateral security”), which is KRW 30 million with regard to the right to collateral security (hereinafter “instant right to collateral security”) established on May 21, 2013.

B. Based on the executory exemplification of the notarial deed No. 507 of 2011 and No. 508 of 2011, the Plaintiff received a seizure and collection order of the right to collateral security (hereinafter “mortgage”) against the Defendant against the Defendant from the Incheon District Court Branch Branch Office No. 2013TTTT 15578 on January 2, 2014. The said order was served on the Defendant on January 25, 2014, and accordingly, on February 7, 2014, the registration of the seizure of the right to collateral security (right to collateral security) against the obligee was established.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) The defendant should pay to the plaintiff who collected the claim of this case with 12 million won and damages for delay. 2) The defendant's assertion that the defendant did not have any obligation to repay D with D. The defendant obtained permission for the development of the real estate of this case and completed the registration of creation of a mortgage of this case upon D's request that it is necessary to prevent the seizure of the real estate of a third party, and did not provide the plaintiff with guidance to lend money in light of the financial ability of D at the time.

In other words, since the right to collateral security of this case does not exist, the plaintiff's claim on the premise that the secured claim exists is unreasonable.

B. The first mortgage is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future.