On November 24, 2004, the Defendant demanded the victim to set up a mortgage on the instant land in order to secure a claim, etc. according to the aforementioned share ratio. As the victim’s right to collateral security (hereinafter “instant right to collateral security”) was created with the maximum debt amount of 60 million won as the mortgagee, and on October 27, 2008, the victim became the first-class mortgagee, as the registration of establishment of a prior right to collateral security and superficies was cancelled.

On January 2010, the Defendant concluded that, at the victim’s house located in the Namwon-si, the Defendant “in order to operate a solar power plant at home, and there is insufficient rent to be reduced to G, the owner of the building site for the above solar power plant,” the Defendant tried to create a collateral to provide G with the instant land as a collateral. The Defendant concluded to the effect that, within five to six months, the Defendant would cancel the registration of the establishment of the collective security right of G, restore the registration of the establishment of the collective security right of G, restore the first-class collective security right of G, or divide the sales price at the ratio of shares after selling the instant land to a third party.”

However, the Defendant had no intent to recover the first priority right of the victim even if the victim had terminated his first priority right and had no intention to do so. The Defendant intended to sell the instant land to a third party on the basis of the fact that the establishment registration of the victim’s neighboring mortgage was cancelled.

Nevertheless, the defendant deceivings the victim as above and belongs to it.