A. On December 28, 2004, the Plaintiff (Buyer) entered into a sales contract with the Defendant (seller) on the 130-dong 1003 (hereinafter “instant apartment”).

B. At the time, the establishment registration of a mortgage (hereinafter “mortgage registration of this case”) was completed on November 1, 2004 in the name of D, the maximum debt amount of which was 200,000,000, and the apartment of this case was completed on November 11, 2004. However, the Defendant cancelled the registration and set the period at the time of cancellation.

The plaintiff paid the full purchase price by January 14, 2005, and the defendant cancelled the registration of collateral security of this case on the same day and completed the registration of transfer of ownership in the future of the plaintiff.

The defendant shall pay 200,000,000 won to D by November 30, 2007.

The defendant implements the procedure for cancellation registration of the right to collateral security in this case, and the plaintiff expresses his consent thereto.

D Without executing the registration of cancellation until November 30, 2007, the execution will be waived if repayment was made not later than November 30, 2007 of the above 200,000,000 won.

C. However, the cancellation of the instant right to collateral security registration was done voluntarily by borrowing that E, in a de facto marital relationship with the Defendant, has kept D’s seal, etc.

Accordingly, D filed a lawsuit against the Plaintiff and the Defendant seeking cancellation and recovery registration of the instant collateral security registration (this Court 2006Gahap7545). On May 22, 2007, the following protocol of mediation was prepared.

As the Defendant did not repay KRW 200,000 until the date stipulated in the above mediation protocol, D completed the cancellation and recovery registration of the instant collective security on December 10, 2007, and filed a request for auction to exercise the security right on the instant apartment, and subsequently rendered a decision of commencement of auction around that time.

E. On March 31, 2008, the Plaintiff subrogated to D for KRW 200,000 in order to prevent the progress of auction.

D around that time, the above request for auction was withdrawn, and the registration of the mortgage of this case was also cancelled.

F. Since September 4, 2008, the plaintiff is obligated to make a statement.