1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On June 26, 2001, C completed the registration of ownership transfer with respect to the area of 132 square meters (hereinafter “instant land”).

B. On April 25, 2011, C entered into a mortgage agreement with the instant land and Gyeyang-gu E share as a joint collateral with the maximum debt amount of KRW 200 million, the debtor C, and the mortgagee of the right to collateral security. Based on such agreement, C completed the registration of creation of a neighboring mortgage (hereinafter “the instant right to collateral security”) as the receipt of No. 55937, Apr. 25, 201, with the result of the establishment of a collective security agreement with the Jung-gu E share as a joint collateral.

C. After that, on April 20, 2012, the F completed the supplementary registration of the transfer of the instant right to collateral security (hereinafter “the instant registration of collateral security”) to the Defendant with the Goyang Registry No. 49939, April 20, 2012, which was received on April 20, 2012.

On April 2012, the Plaintiff entered into a lease agreement between F and F on behalf of C with respect to subparagraph 103 of the multi-household building (hereinafter “instant building”) newly built by C on the instant land (hereinafter “instant building”) and the period from April 7, 2012 to October 30, 2013.

E. After that, upon C’s failure to refund the lease deposit, the Plaintiff filed a lawsuit against C seeking the return of the lease deposit with the Jung-gu District Court High Court Decision 2016Kadan1819, and on November 30, 2016, C rendered a judgment ordering the Plaintiff to pay KRW 50 million, which became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Judgment on the main claim

A. In order for the Plaintiff’s assertion 1 to be effective, it is necessary to establish the secured claim of the right to collateral separate from the act of establishing the right to collateral security.

C did not have any obligation to F, and thus, C established the instant right to collateral security, so the secured claim of the instant right to collateral security did not exist from the beginning.

(c).