1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The defendant is E's wife.

B. On November 16, 2007, E completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring building of this case”) with regard to the building listed in the separate sheet owned by it (hereinafter “the instant building”), with the mortgagee, the obligor, the obligor, and the maximum debt amount of KRW 50 million.

(hereinafter referred to as the "mortgage of this case").

The Plaintiff purchased the instant building from E on April 24, 2008 and completed the registration of ownership transfer under the name of the Plaintiff on May 8, 2008.

On April 23, 2012, D, a shareholder of the Plaintiff, drafted a written agreement (No. 2, hereinafter “instant agreement”) with E, and the main contents of the said written agreement are as follows:

1) After the preparation of a written agreement, D shall pay E KRW 50 million, and E shall transfer to D the authority over the instant right to collateral security to D. (2) Within one year after the execution of the content of paragraph 1, D shall pay 100 million in cash to E, and E shall agree to auction execution for the claims established on the sixth floor by F.

E. D paid KRW 50 million to E on the same day in accordance with the instant agreement.

F. B filed an application for voluntary auction of the instant building on May 12, 2016, and the Seoul Central District Court G rendered a decision to commence the voluntary auction of real estate.

G. The Plaintiff filed a complaint with E and the Defendant by asserting that he acquired 50 million won without the intention to transfer the instant right to collateral security, and thereafter revoked the complaint against the Defendant.

H. On June 1, 2017, E was sentenced to a fine of KRW 500,000,000,000,000,000, on the criminal facts stating that “A had no intent to terminate the instant right to collateral security even if he/she received money from D, he/she acquired the instant right as if he/she would transfer the instant right to collateral security to D.”

(No. 42) E is appealed and filed on January 12, 2008.