A. On April 22, 2015, the Plaintiff paid KRW 50 million to B, 30 million to F’s account on June 19, 2015, and KRW 20 million to G’s account on April 28, 2016, and KRW 25 million to H’s account on June 13, 2016, and paid KRW 125 million in total to H’s account on June 13, 2016, and received every month a certain amount of money from B as profit-making or interest.

B. On August 4, 2017, B sent a text message to the Plaintiff that “Around September 2017, 2017, 2000 won paid 2,625,000 won to the Plaintiff, which was no longer paid for profit or interest, was invested and executed in an amount of KRW 4-5 billion during the past several years, and the Plaintiff is currently unable to repay its debts with its current property, and is obliged to repay its debts with sufficient time.”

C. B, June 23, 2016, the Defendant created the right to collateral security (hereinafter “instant right to collateral security”) that caused the maximum debt amount of KRW 90 million with respect to the instant real estate. D.

After the closing of the argument in the first instance trial, the defendant entered into a conclusive claim transfer contract with the intervenor acquiring the right to collateral security on July 23, 2018, and the defendant's intervenor entered into an additional registration before July 24, 2018 with regard to the right to collateral security of this case.

E. On July 4, 2018, the instant real estate was sold to N, and the registration of the establishment of the instant neighboring mortgage and the additional registration of the instant mortgage transfer was cancelled on January 22, 2019.

F. In the above auction case, on March 20, 2019, the distribution schedule of KRW 73,966,027 against the Defendant’s Intervenor was finalized, and the Plaintiff was subject to a provisional disposition on March 19, 2019 against the said dividend amount.

G. The first instance judgment deemed that the Plaintiff paid the sum of KRW 125,000,000 to B was similar to that of the loan, and B.