1. The defendant's appeal is dismissed.

2. All costs of the lawsuit shall be borne by the defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On June 9, 2017, the Plaintiff entered into a contract with D, the Defendant’s husband, to exchange the land of 484m2 and 146m2 (hereinafter collectively referred to as “instant land”) prior to I, 262m2 and J forests and fields, in the Haju-si, Chungcheongnam-si, the Plaintiff owned the instant land with D (hereinafter referred to as “instant exchange contract”).

B. At the time of the conclusion of the instant exchange contract, the instant loan was established with the right to collateral security of KRW 31.2 million with the maximum debt amount and KRW 55 million with the maximum debt amount. The instant land was established with the right to collateral security of KRW 290 million with the association of the right to collateral security (hereinafter “N”) and the maximum debt amount (hereinafter “instant collateral security”).

C. The Plaintiff and D agreed that the Plaintiff shall succeed to the collateral security obligation of the Plaintiff with the maximum debt amount of KRW 5 million, and that of KRW 26 million among the collateral security obligation of KRW 31.2 million with the maximum debt amount of KRW 31.2 million (the clerical error of the “2 million” under the exchange contract is recognized by both the Plaintiff and the Defendant), D succeeds to the clerical error of the “26 million,” and that of the collateral security obligation of this case, the Plaintiff shall succeed to the Plaintiff.

On the other hand, the instant collateral security is not only the instant land but also the joint collateral.

On June 26, 2017, the Plaintiff cancelled the registration of creation of the said mortgage over the maximum debt amount of KRW 55 million. On July 17, 2017, according to D’s instruction, the Plaintiff completed the registration of creation of the instant loan under the name of the Defendant. However, D did not take procedures or measures for discharging only the collateral security debt of KRW 67 million on the instant land.

E. On September 25, 2017, the Plaintiff agreed to allow D to succeed to only 67 million won among the instant collateral security obligations and to register the reduction of the maximum debt amount. From N to N, the land of this case cannot be excluded.