1. On November 1, 2016, the Defendant received on the real estate stated in the attached list from the Daegu District Court Branch of Pohang Port on the Plaintiff.

1. The Plaintiff’s spouse E, from the end of December 2015, began to serve as the branch office of C Co., Ltd. (hereinafter “instant company”) that runs the insurance business as the branch office of the D branch office. On January 22, 2016, the Plaintiff’s spouse E completed the registration procedure with the Financial Supervisory Service around January 22, 2016.

On October 31, 2016, E prepared a statement of responsibility for the maintenance of the insurance contract (hereinafter “each of the instant statements”) with the purport that “In the event that the Plaintiff’s insurance contract was withdrawn, cancelled, or lost its validity, it shall be paid to the instant company in cash in accordance with the redemption rate before the due date for the month of occurrence or the following month. In the event that fees to be refunded are not paid to the Plaintiff, even if the contract was immediately executed to the Plaintiff, it shall not raise any objection.”

On November 1, 2016, the Plaintiff established the right to collateral security (hereinafter “instant right to collateral security”) as stated in Paragraph (1) of the Disposition No. 1, which is the debtor, the mortgagee, the defendant, the maximum debt amount of 50,000,000, to the Defendant, who is an employee of the instant company, on November 1, 2016.

However, since the secured debt of the instant right to collateral was the original debt of E in the instant case, the instant right to collateral security should have been established in the name of the debtor E. However, due to the mistake in the employees of the certified judicial scrivener office, the title was established as the plaintiff.

E withdrawn from the D branch of the instant company around September 2017.

On the other hand, while E has a contract of redemption fees to be returned among the insurance contracts that were concluded before the date of the preparation of the instant letter, there is no commission from the insurance contracts that were concluded after the date of the preparation.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, the purport of the whole pleadings

2. Determination

A. The obligor of the instant right to collateral security and the secured obligation (1) are secured by the mortgage.