1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. With respect to the Songpa-gu Seoul Metropolitan Government Land D, E, F, G, and H (hereinafter “instant real estate”), K as the mortgagee, and on June 23, 2007, the establishment registration of the mortgage was completed on June 26, 2007 due to the establishment of the mortgage agreement between the debtor C and the maximum debt amount of 50 million won as the mortgagee and the debtor C.

(hereinafter “instant No. 1 collateral security”). B.

On July 7, 2007, the Defendant entered into a sales contract with K on July 7, 2007, setting the purchase price of the instant real estate as KRW 280 million with respect to the instant real estate, with J’s introduction.

(hereinafter “instant sales contract”). C.

On July 27, 2007, the establishment registration of a mortgage (hereinafter “the second collateral mortgage”) was completed on July 30, 2007 due to the establishment registration of a mortgage (hereinafter “the second collateral mortgage”) with the Defendant as the mortgagee, the maximum debt amount of KRW 1 billion, and the debtor C, and on the same day, the first collateral mortgage of this case was cancelled on July 27, 2007.

As a creditor C, the Plaintiff filed an application for a compulsory auction of the instant real estate with Seoul Eastern District Court L, which overlaps with I real estate auction procedure with the Seoul Eastern District Court that filed by the Defendant based on the instant collateral security.

E. On May 23, 2014, in the above auction procedure, a distribution schedule was prepared to distribute KRW 272,80,921 to the Defendant based on the instant right to collateral security, and the Defendant received the said money, and the Plaintiff did not receive any distribution at all.

[Ground of recognition] Evidence Nos. 1-1-4-2, Eul's evidence Nos. 1-2, Eul's evidence Nos. 1-2-4, the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion was, while borrowing KRW 100,000 from K, creating the instant collateral security, and subsequently, upon receiving a request from K to cancel the instant collateral security and set the maximum debt amount of KRW 1 billion, K set up a collateral security right.