1. The defendant shall receive on October 30, 2007 from the Cheongju District Court for the real estate stated in the attached list to the plaintiff.

Facts of recognition

The Plaintiff owned the real estate indicated in the attached list (hereinafter “instant real estate”), and the registration of creation of a mortgage (hereinafter “mortgage”) was completed on October 30, 2007 with respect to the said real estate as the Cheongju District Court’s Chungcheong Branch No. 4777, which was received on October 30, 2007, by the Defendant (B), the Plaintiff (A), and the maximum debt amount of nine million won.

On November 5, 2007, the defendant set up and lent KRW 7 million to the plaintiff as of November 4, 2008 (hereinafter "the claim of this case"), and C signed and sealed it as the guarantor.

The Plaintiff and C issued to the Defendant a promissory note with the amount of KRW 9 million, issue date October 26, 2007, and the due date October 26, 2008, the Plaintiff, and C in the process of the above lending.

On May 11, 2017, the Defendant received a voluntary decision to commence the auction on the instant real estate based on the instant right to collateral security.

(Cheongju District Court D). C) The Plaintiff is an infant.

On the other hand, the defendant operates credit business in the name of E from September 1, 2004 to October 2, 2012, and thereafter in the name of E from October 2, 2012.

【Ground of Recognition” Nos. 1 through 4, 1, 2, 3, 5, and 6, the Plaintiff did not borrow money from the Defendant (the person who actually borrowed money) and the right to collateral security of this case did not exist, since the Plaintiff did not borrow money from the Defendant (the person who actually borrowed money) and the right to collateral security of this case did not exist.

On the other hand, the presumption power of the establishment of a mortgage in the nearest mortgage extends not only to the existence of the relevant mortgage but also to the existence of the secured debt corresponding to the entries in the register. However, the evidence submitted by the plaintiff alone is insufficient to reverse the presumption power and to recognize that the secured debt of the instant right to collateral security does not exist actually, and there

Rather, the Plaintiff prepared a certificate of borrowing the Plaintiff’s name, and a promissory note that the Defendant is the issuer.