1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. When the Plaintiff purchases the real estate listed in attached list No. 3, the amount of KRW 60 million out of the purchase price will be loaned to C, and on April 25, 201, the Plaintiff sent the loan amount of KRW 60 million to C with the agreement on loan for consumption (Evidence No. 4; hereinafter “the agreement on loan for consumption”) and the real estate listed in attached list No. 1 and 2, and the real estate listed in attached list No. 3 (hereinafter “instant real estate”) listed in attached list No. 5; hereinafter “the agreement on loan for consumption”) listed in attached list No. 1 and 2, and the real estate listed in attached list No. 3 (hereinafter “the instant real estate”) listed in attached list No. 5; and C signed a seal attached to the name of the Plaintiff. On the same day, C transferred the loan amount to a certified judicial scrivener of the real estate seller listed in attached Table No. 3 with the consent of the Plaintiff on the same day.

B. On April 25, 2011, the registration of ownership transfer was completed under the Plaintiff’s name with respect to the real estate listed in paragraph (3) of the attached list. As to the real estate of this case, the registration of ownership transfer was completed on the same day under the Defendant’s name (hereinafter “registration of establishment of neighboring areas of this case”).

[Ground of recognition] Unsatisfy, Gap evidence 1-3, Gap evidence 2, Eul evidence 2, Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is merely a monetary loan contract and mortgage contract with C, and there is no money loan contract or mortgage contract concluded with the defendant. Thus, the ground for the establishment registration of the mortgage of this case completed under the name of the defendant is null and void. The defendant is liable to implement the procedure for registration of cancellation of the establishment registration of the mortgage of this case.

B. The defendant's assertion that the defendant lent money to the plaintiff with the introduction of C, and received the establishment of the right to collateral security of this case as security, thus the plaintiff cannot accept the plaintiff's claim.

3. The judgment of the plaintiff is made with the letter of loan for consumption in this case.