A. around 2005, Nonparty C borrowed KRW 40 million from Nonparty E via Nonparty D, a punishment for Nonparty D (hereinafter “the instant loan”).

The Plaintiff and the Defendant appears to have no dispute over the fact that both parties to the Loan Agreement relating to the instant loan loan are E and C. If the parties to the said Agreement are E, D, and D lend the said loan to C again, and even if the establishment registration of the instant loan is deemed to have been made in the name of E in order to secure D’s claim against D, there is no evidence to deem that D’s claim against D was actually reverted to E (see Supreme Court Decision 2006Da5055, supra). Since the establishment registration of the instant loan is an invalid registration that does not have the secured obligation, the Plaintiff’s claim should be accepted.

B. The Plaintiff is the owner of the real estate indicated in the attached list (hereinafter “the instant real estate”). On February 22, 2005, the Plaintiff concluded a mortgage agreement between E and the instant real estate as a debtor C, the maximum debt amount of KRW 50,000,00 with respect to E on February 22, 2005, and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) on March 2, 2005, under the title of E, the Jeonju District Court of the former District Court No. 9785, the receipt of the registration office of the E (hereinafter “registration of creation”).

C. Thereafter, on April 30, 2005, the Plaintiff asserted that the debt of the instant loan was fully repaid at the end of April 2005 (the preparatory document dated July 15, 2019). Since the Defendant did not dispute at the time of repayment, it is recognized as having been repaid on April 30, 2005.

The instant loan claims were fully repaid. On March 12, 2010, the instant registration of the establishment of a mortgage became an additional registration of the transfer of the right to collateral security in the name of Nonparty F in the name of Nonparty F, and on January 13, 2012, the additional registration of the transfer of the right to collateral security was completed in the name of Defendant F from “the ground for the transfer of the right to collateral security”.

The defendant on October 1, 2018.