2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. The Korea Credit Union loaned 25 million won to E on November 5, 1999, setting the due date on March 5, 200.

B. On December 24, 199, E completed the registration of establishment of a mortgage on December 23, 1999 (hereinafter “mortgage contract of this case”) and the maximum debt amount of this case on December 23, 1999 to the Defendant.

C. On July 3, 2006, the Plaintiff acquired the total amount of KRW 73,425,133 from the Korea Credit Union related to the above loans (=18,440,310, the amount of loans as of July 3, 2006 at KRW 28,05,291, the interest of KRW 26,763,204, the provisional payment of KRW 166,328).

E died on November 1, 2006, and the wife B(3/7 shares) and C(2/7 shares) and D(2/7 shares) were jointly inherited.

Since then, on November 27, 2013, the Plaintiff filed a lawsuit against B, C, and D with the Seoul Central District Court No. 2012 Ghana5818495, and obtained a favorable judgment from the above court by public notice. The judgment became final and conclusive around that time.

E. The Defendant is E’s wife, B, C, and D is insolvent, and E, B, C, and D have not claimed the cancellation of the instant right to collateral security against the Defendant.

F. Meanwhile, C transferred KRW 5 million to the Defendant on July 14, 2006, prior to the death of E.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2, 3, 5, and 8 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to whether the secured claim of the instant right to collateral security exists

A. 1) The Plaintiff’s assertion 1) The instant mortgage contract was concluded in collusion with the Defendant for the purpose of evading obligations and is null and void. The instant mortgage contract is null and void because it was concluded in collusion with the Defendant. Even if the instant mortgage contract was not based on false representation of agreement, there is no secured claim of the instant mortgage. 2) The Defendant was granted loans from the Mineyang Saemaul Depository.