1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On September 3, 2010, the Plaintiff borrowed KRW 1550 million from D with a prior interest of KRW 5 million per annum, 36% per annum, and due date for repayment on October 2, 2010, and set up a collateral security (hereinafter “instant collateral security”) with respect to the instant real estate as the mortgagee D and the maximum debt amount of KRW 200 million.

B. On April 19, 2013, the Plaintiff and SIMD drafted to D a letter of commitment that “the Plaintiff shall pay KRW 90 million to D until May 10, 2013, and the Plaintiff shall guarantee the Plaintiff’s obligations.”

C. On May 29, 2013, the Plaintiff repaid to D KRW 30 million on May 29, 2013, and KRW 28.5 million on May 31, 2013, and D appropriated each of the aforementioned repayments to the principal of the secured debt of the instant right to collateral security.

On the other hand, on August 19, 2013, D transferred the secured debt of the instant right to collateral security to E, and on the same day, D added the additional registration prior to the instant right to collateral security to E.

After the application of E, the voluntary auction procedure was commenced with the Suwon District Court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's 1,35

E. On January 14, 2014, Defendant B Co., Ltd. (the first trade name was “H,” but was changed to “Co., Ltd. I” on February 25, 2014, and as of November 14, 2014, respectively; hereinafter “Defendant Company”) entered the additional registration of the transfer of the instant right to collateral security into the instant registration of the transfer of collateral security, and the Defendant Company completed the additional registration of the right to collateral security with Defendant C on the same day.

F. On March 10, 2014, the Plaintiff deposited KRW 34,327,699 with the Defendant as the Defendant as the principal deposit in Suwon District Court’s Branch of Suwon District Court (No. 732, 2014). Defendant C reserved an objection on April 3, 2014, and deposited the said deposit in full.

[Ground of recognition] Facts without dispute, Gap's entries and the purport of the whole pleadings as stated in Gap's Evidence Nos. 2, 3, 8, 10, 11, 12, 21, Eul's Evidence Nos. 16 through 18 (including paper numbers)

2. The parties' assertion

A. The plaintiff's right to collateral security of this case.