1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B, on April 9, 199, the owner of the real estate listed in the separate sheet (hereinafter “the instant real estate”) entered into a mortgage contract with the Korea Housing and Commercial Bank, Ltd. (hereinafter “Korea Housing and Commercial Bank”) on April 1, 199, between the maximum debt amount of the instant real estate, KRW 65,00,000,00 with respect to the instant real estate, and the debtor and the person who created the right to collateral security, B, and the person who created the right to collateral security, the scope of the obligation to collateral security, and the period for settlement of the right to collateral security (hereinafter “the instant mortgage contract”), which is the grounds for registration, concluded a mortgage contract, with the registration of fathercheon Branch Branch of the Incheon District Court and the registration of 31815 on April 10, 199.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). (b)

On April 21, 1999, the Plaintiff entered into a loan transaction agreement between the Defendant and the Defendant on the terms of “family general loan (long-term house security loan),” “50,000,000 won on loan limit,” “4.21, 2009,” and “11.75% per annum (interest rate of 18%) on April 21, 2009,” and received a loan from the Defendant.

(hereinafter “instant loan”). C.

Since then, on June 2, 2001, the registration of alteration was completed to the effect that the maximum debt amount should be reduced to 26,000,000 won with respect to the registration of creation of a neighboring mortgage of this case.

On February 13, 2004, the Plaintiff purchased the instant real estate from B, and according to the sales contract submitted by the Plaintiff, the Plaintiff stated that the price is “140,000,000 won.” On the other hand, on February 11, 2016, the Plaintiff submitted to this court, stating that the price is “202,00,000 won.” However, the Plaintiff was excluded from fact-finding in relation to the instant issue.

On August 16, 2004, the Defendant paid the principal amount of KRW 15,301,518 (=the principal interest of KRW 15,087,897) to the Defendant (the interest of KRW 209,709,912).

[Ground of recognition] The fact that there is no dispute, A.