1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 4, 201 at the request of the representative C and the managing director D, the Plaintiff prepared a credit transaction agreement with the Defendant on a credit discount bill, bill of credit (limit) amounting to KRW 100,000,000 per annum of August 4, 2012, date of expiration, 12% per annum of interest rate of KRW 12% per annum, joint and several surety B and C, and the Plaintiff wishes to receive a loan of KRW 100,000 from the Defendant. On September 19, 2011, the Plaintiff drafted an additional agreement with the effect that the amount of the credit amount of the loan agreement as of August 4, 201, changed to KRW 20,000,000,000 on May 21, 2012, and written an additional agreement with each additional agreement extending the credit amount to KRW 4990,000,000 by August 4, 2013.

(B) The loan agreements concluded at the time of the preparation of the above credit transaction agreement and each additional agreement (hereinafter referred to as the “instant loan agreement”).

On February 6, 2013, the Plaintiff paid interest accrued from the instant loan agreement to the Defendant KRW 35,910,958. On February 19, 2013, the Plaintiff concluded a mortgage agreement (hereinafter “instant mortgage agreement”) with a view to establishing a mortgage on each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in order to secure a loan obligation on February 19, 2013.

C. On February 21, 2013, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of this case”) with respect to each of the instant real estate by the creditor, the debtor, and the maximum debt amount of KRW 637 million, as a result of the receipt of a branch court of the Daegu District Court Branch on the ground of the instant mortgage contract.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Eul evidence 1-2, Eul evidence 1-4, witness D's partial testimony, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion is based on the following grounds, and 35,910,918 won, which was acquired without any legal ground by the defendant based on the cancellation of the registration of creation of a mortgage on the root of this case and the loan agreement of this case null and void by the defendant.