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

A. The Plaintiff has a claim against B pursuant to the Daejeon District Court Decision 2005Gaso194270 decided on performance recommendation.

B. On May 17, 2005, the Defendant completed the registration of the establishment of the mortgage of this case as to the instant real estate owned by B.

【In the absence of dispute, the Plaintiff asserts that the establishment registration of a mortgage of this case was completed by a false declaration of agreement in the presumption of compulsory execution by other creditors, or that the secured debt was extinguished by the completion of prescription, and that the registration of a mortgage of this case was extinguished by the completion of prescription, and that the Defendant, in subrogation of B, sought cancellation of the establishment registration of a mortgage of this case against the Defendant.

In regard to this, the defendant argued that B, as at the time of receiving the successful bid for the real estate of this case, agreed to receive interest of KRW 37,800,000 from 2% per month and was established the establishment of the establishment of the mortgage of this case. The defendant asserted that only interest has been paid and the principal has not yet been repaid.

Judgment

In addition to the statements in Gap evidence Nos. 3 and Eul evidence Nos. 1 through 3, it is recognized that Eul received a successful bid for the real estate of April 19, 2005 at the Daejeon District Court C auction procedure with respect to the real estate of this case; the bid deposit was KRW 4,200,000 at the time; the defendant lent the auction deposit amount of KRW 37,80,000 to B on May 16, 2005; the defendant paid the remainder of the auction proceeds and completed the registration of ownership transfer with respect to the real estate of this case on the same day, and completed the registration of ownership transfer with respect to the real estate of this case to the defendant on the following day after the payment of the remainder of the auction proceeds; and from September 23, 2011, the defendant paid KRW 1,000,000 to the defendant from September 23, 201.

Comprehensively taking account of this, the defendant B.