1. The defendant received KRW 9,190,000 from the plaintiff, and thereafter real estate stated in the separate sheet to the plaintiff.

1. Basic facts

A. On July 5, 2006, the Plaintiff borrowed KRW 30 million from the Defendant on December 5, 2006, with the maturity of KRW 500,000,000 per month (the fifth day of each month of the payment date) (hereinafter “the instant loan”), and on the same day, the Plaintiff completed the registration of the establishment of a mortgage on each of the instant real estate owned by the Plaintiff in the name of the Defendant, with the maximum debt amount of KRW 40,00,000,000 for each of the instant real estate in order to secure the debt of the instant loan.

B. On September 15, 201, the defendant delayed the repayment of the principal and interest of the loan of this case, and thus, on September 15, 201, to Busan District Court C, "the first voluntary auction of real estate" as to each real estate of this case.

The Plaintiff filed an application for voluntary auction and started the auction procedure. The Plaintiff paid KRW 12 million to the Defendant on October 12, 201, when the first voluntary auction procedure was in progress, and KRW 2 million on October 13, 201, and the Defendant voluntarily withdrawn the application for voluntary auction on October 21, 201. At the time, the Plaintiff and the Defendant agreed to pay interest on the loan amount at KRW 500,000 per month to KRW 30,000 per month from KRW 50,000,000. After that, on November 27, 2014, the Plaintiff filed an application for an auction on each of the real estate in the name of Busan District Court and deposited KRW 30,000 per month with KRW 30,000 per month from KRW 50,000,000 with KRW 305,000,000,000 for the Defendant’s testimony on October 24, 2014.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is smuggling up to the time when the Plaintiff paid KRW 12 million to the Defendant in the course of the first auction.