A. The Plaintiff, a company running the real estate leasing business, etc., is the owner of the building of 1426.4m2 and 4m2 on the land of the Busan-gu Busan-gu gas station (hereinafter “instant real estate”). The Defendant, a company running the petroleum sales business, etc., operates the instant real estate leased from the Plaintiff and operated the D gas station.

B. E, the joint representative director of the Plaintiff, and F, the former representative director of the Defendant, and G, the Defendant’s present representative director, are H’s children as a penalty, and I, the Plaintiff’s joint representative director, is H’s kys.

C. On September 9, 2005, the Plaintiff entered into a mortgage agreement with J Co., Ltd. concerning the instant real estate (hereinafter “the instant mortgage agreement”) with the creditor and the mortgagee, the debtor, and the maximum debt amount, KRW 520 million, in order to secure the Defendant’s obligation to be borne by the Defendant under a petroleum products supply contract with J Co., Ltd. (hereinafter “J”). On the same day, the Plaintiff completed the registration of the establishment of the collateral agreement based on the said mortgage agreement.

On November 8, 2017, with respect to the instant real estate, the supplementary registration of the transfer of the right to collateral security (hereinafter “K”) was completed with the purport of transferring the instant right to collateral security to K Co., Ltd. (hereinafter “K”).

E. On November 28, 2018, the Plaintiff repaid the Defendant’s secured debt amounting to KRW 520 million with the Defendant’s instant secured debt, and the registration of the establishment of the instant neighboring mortgage was cancelled on December 26, 2018.

[Reasons for Recognition] Facts without dispute, Gap 1-8 and 16 evidence (where there are numbers in documentary evidence, the indication is omitted; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of recognition as to the cause of the claim, the Plaintiff is a surety who has set up a collateral on the instant real estate owned by the Plaintiff in order to secure the obligation to be borne by the Defendant under a petroleum products supply contract with J or K (hereinafter collectively referred to as “J”), if there is no need to separate both companies.