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

A. On July 28, 2008, the Plaintiff completed the registration of ownership transfer on the portion of 1/2 out of the forest land C, 13,778 square meters (hereinafter “the forest land in this case”) in Tae-gun, Chungcheongnam-do on July 28, 2008, as to the portion of 1/2 of the forest land in this case on the same day by the Defendant.

B. On July 25, 2008, the Defendant obtained a loan of KRW 95 million from the Hanwon Saemaul Savings Depository (hereinafter “SY”) (hereinafter “the instant loan”). As the Plaintiff provided 1/2 shares out of the forest land as collateral, the Plaintiff completed the registration of creation of a mortgage near the forest land that became the Defendant, with respect to the registration of creation of a mortgage on July 28, 2008, with respect to the maximum debt amount of KRW 130 million on July 28, 2008, and the non-party to the right to collateral security, and the debtor.

C. On July 25, 2008, the Plaintiff borrowed KRW 95 million from the non-party’s imprisonment without prison labor. As the Defendant’s 1/2 shares out of the forest of this case were provided as collateral, the registration of establishment of a neighboring forest of this case was completed on July 28, 2008 with respect to the registration of creation of a mortgage of this case as to the non-party’s forest of this case, which became the mortgagee’s imprisonment without prison labor, and the debtor.

On January 8, 2016, when the payment of interest on the instant loan was delayed, the Nowon Saemaul Bank filed an application for voluntary auction with respect to the instant forest in order to exercise the right to collateral security, and as the instant forest was sold to KRW 107,861,462 on October 10, 2016 (the appraised value of the instant forest is KRW 165,336,000) in the said voluntary auction procedure, the Plaintiff lost ownership as to shares of KRW 1/2 of the instant forest in question, and the Nonparty safe received dividends of KRW 106,383,346 on February 8, 2017 in the said voluntary auction procedure.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 15, 16 (including the serial number), the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff asserted that the Plaintiff offered 1/2 of the forest land of this case owned by the Plaintiff as collateral to secure the obligation of the instant loan upon the Defendant’s request.

However, there is a problem.