1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 1, 2008, the Plaintiff, the father of C, borrowed 50,000,000 won from the Defendant at an interest rate of 1.4% per month and on September 30, 2009 (hereinafter “the instant loan”). As to the real estate listed in the separate sheet owned by the Plaintiff on October 1, 2008 (hereinafter “the instant house”), the Plaintiff, the father of C, completed the registration of creation of a collateral (hereinafter “registration of the instant collateral security”) on the basis of the maximum debt amount as to the real estate indicated in the separate sheet owned by the Plaintiff on October 1, 2008 (hereinafter “the instant house”).

B. On September 11, 2009, the registration of the establishment of a mortgage over D forest 3,305 square meters owned by C was completed with respect to the maximum debt amount of KRW 65,00,000,000, and the debtor C and the mortgagee as the defendant of the right to collateral security.

C. C terminated the registration of creation of a mortgage on September 23, 2009 with respect to the building owned by Yeonsu-gu Incheon Metropolitan City E, E, 266§³ and its ground, and on September 23, 2009, the obligor C, the mortgagee, the mortgagee, and the mortgagee, on October 7, 2009, the maximum debt amount of KRW 91,000,000,000, and on October 7, 2009, the obligor C, the mortgagee, and the mortgagee, respectively. On September 27, 2010, the registration of creation of a mortgage was cancelled on September 27, 201, and on December 30, 2010, the registration of creation of a mortgage was revoked on March 11, 201.

On January 6, 2017, upon the application of the Defendant, who is the mortgagee of the instant case, the decision to commence the voluntary auction was rendered to the Incheon District Court F.

[Reasons for Recognition] Facts without dispute, Gap evidence 10, 11, 12, Gap evidence 13-1, 2, Eul evidence 2, 3, 4, 6, 9, the purport of the whole pleadings

2. The evidence presented by the Plaintiff, including evidence Nos. 16 and No. 17-1, 2, and 3, based on the facts established following the determination of the cause of the claim, is anticipated to lend money in addition to the Defendant even though the Plaintiff’s principal and interest obligation to the Defendant was fully repaid until May 27, 2014, and both parties are expected to make the registration of the instant collateral security.