1. The plaintiff's claim of this case is dismissed.

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

1. Facts of recognition;

A. D owns a part of the share in seven lots of real estate (hereinafter “instant share”) including the 9,441 square meters of land E miscellaneous land in Chungcheongnam-gun, Newannam-gun.

B. On May 25, 2009, F and D written and signed each of the loan certificates stating that “The amount of KRW 250,000,000 from the Defendant shall be 2% interest per annum,” and on July 1, 2010, F borrowed KRW 280,000 from the Defendant as interest per annum and set up a mortgage on D-owned real estate” (hereinafter collectively referred to as “the loan certificates in this case,” each of the above loan certificates, and the individual loan certificates shall be specified as the date on which they were drawn up).

C. On the other hand, the registration of the establishment of three neighboring mortgage was completed with respect to the instant shares as follows.

1) The Defendant separately determines the maximum debt amount of KRW 400,000,000 as of May 22, 2009 and the obligor D, respectively, as the grounds for the “mortgage-based agreement on May 21, 2009” (No. 21419, hereinafter referred to as the “first right to collateral security”).

(1) The right to collateral security (No. 28573; hereinafter referred to as the “second right to collateral security”) based on the “mortgage contract on July 1, 2010,” respectively, and on the basis of the “mortgage contract” set forth as the maximum debt amount of KRW 400,000,000 and the obligor D, respectively.

(2) On January 4, 2012, G respectively completed the registration of creation of a collateral security (No. 526) by determining the maximum debt amount of KRW 120,00,000 and the debtor F as the debtor F, respectively, and completing the registration of creation of a collateral security (No. 526) based on the “mortgage contract” on December 30, 201.

3) On January 4, 2012, the Plaintiff respectively determined as the maximum debt amount of KRW 100,00,000 and the debtor F, and completed the registration of creation of a collateral security (No. 527) on the ground of the “mortgage-based agreement on December 30, 201.” D. The Defendant voluntarily held the instant auction on June 7, 2016 on the ground of part of the interest calculated annually from August 1, 201 to May 31, 201, based on the loan certificate of July 1, 2010, the claimed amount with respect to the instant share of KRW 400,000 ( principal amount of KRW 280,00,000,000 and the interest thereon, calculated at the rate of KRW 15% per annum from August 1, 2010, and the second cause.