A. On June 16, 2005, the Plaintiff completed the registration of creation of a mortgage on the land owned by the Defendant Hongcheon-gun C, D (hereinafter “instant land”) and the Redcheon-gun F, G, H, and I land owned by the Defendant, Hongcheon-gun, Hongcheon District Court No. 12872, Jun. 16, 2005, as against the maximum debt amount of KRW 300,000,000,000, and the debtor’s Jin-gun.

B. On October 7, 2008, the Plaintiff received a decision to commence the auction from the Chuncheon District Court to K with the above collateral security.

C. On January 2, 2009, the Defendant drafted a document stating “The ground for establishing additional collateral security on the instant land” (hereinafter “instant written confirmation”) with the purport of granting payment of interest compensation from June 2, 2005 to December 2009, under the condition that the said collateral security is revoked, as recorded in the copy of the register of the said land. The Defendant drafted a document stating “120,000,000 won” (hereinafter “instant written confirmation”).

On January 5, 2009, the Plaintiff completed the registration of the establishment of a mortgage on the instant land, the maximum debt amount of KRW 120,000,000, and the debtor’s establishment of a mortgage on the Defendant’s neighboring land, and withdrawn the said request

E. On the other hand, on January 20, 209, L, a first-class mortgagee of the maximum debt amount of KRW 700 million as to the instant land and the instant land owned by E, was voluntarily decided to commence auction, and only the auction of the instant land was conducted by withdrawing a request for auction of the instant land, and the Plaintiff completed the registration of ownership transfer by winning the instant land on April 27, 2010.

The amount to be distributed in the above auction shall be all distributed to Hongcheon-gun, the first-class and second-class L, the second-class (the second-class) with the amount to be distributed to the plaintiff, and the plaintiff was not paid the dividends.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4, and 14 evidence (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties concerned is the plaintiff's claim amounting to KRW 120,000,000 according to the letter of confirmation of this case.