A. On June 25, 2014, the Plaintiff and D entered into a supply contract with the Defendant on a total supply price of KRW 161,636,000 with respect to real estate (sale-type hotel; hereinafter “instant real estate”) listed in the separate sheet (hereinafter “instant real estate”).

(hereinafter “instant sales contract”). The Defendant paid the sum of KRW 105,063,40 in down payment (10%) and intermediate payment (55%).

The defendant on November 30, 2017, to F Co., Ltd.:

It argues that the intermediate payment was paid with the loan received by establishing the right to collateral security as stated in the claim.

The plaintiff does not dispute the fact that he received part payments from the defendant.

On the other hand, the plaintiff knew the existence of senior mortgage, and stated that the claim of this case is the purport of seeking the creation of subordinate mortgage.

B. On September 26, 2017, the Plaintiff and D completed the registration of initial ownership by taking 1/2 shares in co-ownership with respect to the instant real estate as 1/2, and completed the registration of initial ownership transfer to E Co., Ltd. on the 25th day of the same month.

C. On November 20, 2017, the Defendant borrowed interest of KRW 56,572,60 from the Plaintiff on a yearly basis, and on November 30, 2019, the due date for reimbursement of KRW 56,572,600 from the Plaintiff. As a collateral, the Defendant agreed to set the collateral security agreement with the maximum debt amount of the instant real estate as KRW 73,00,000, and the period for establishing the collateral security agreement with the Plaintiff as the mortgagee (hereinafter “instant collateral security agreement”).

Plaintiff

On November 30, 2017, D completed the registration of ownership transfer on the ground of the attribution of the trust property on the same date (each co-owned share 1/2) and completed the registration of total share transfer on the ground of the instant sales contract to the Defendant.

The Defendant, on the same day, completed the registration of creation of a neighboring mortgage on the instant real estate to the F Bank (hereinafter “F Bank”) at the F Bank, the maximum debt amount of KRW 100,800,000, and the debtor as the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

(a)the cause of the claim;