1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

Upon the conclusion of the partnership agreement between the original and the defendant on July 17, 2012, with respect to F land and its above ground (hereinafter "the instant real estate"), the ownership transfer registration was completed in the name of C (23/100 in shares), the defendant (54/100 in shares), D (13/100 in shares), and E (10/100 in shares) on July 17, 2012. On the same day, with respect to the said real estate, the debtor was the defendant: ① HA, the maximum debt amount of 488,00,000 won, ② the I Association of the mortgagee, the maximum debt amount of 487,50,000 won, ③ the establishment registration of mortgage (hereinafter each of the above collateral security rights collectively referred to as the "mortgage 1") was completed.

(B) On March 15, 2013, the Plaintiff entered into a contract for the acquisition of shares and the same business (hereinafter “instant agreement”) with the Defendant that “40% of the shares in the instant real estate from Defendant, D, and E (i.e., 17% D shares, 200 million won (i.e., 13% E shares in the Defendant’s shares, but 20% of the shares, 17% E shares, and 13% of the shares in the instant real estate) and that the Plaintiff jointly entered into a written agreement for the acquisition of shares and the same business (hereinafter “instant agreement”). From March 18, 2013 to April 22, 2013, the Plaintiff paid the total amount of KRW 200 million of the acquisition of the instant real estate in the name of G religious organization whose representative is the Defendant’s account, etc. (hereinafter “instant investment amount”).

(A) No. 3-2) No. 3-2. The parties concerned have no dispute as to whether the loan certificate of this case was drawn up around November 15, 2013, including the preparation of the Defendant’s loan certificate and the establishment of a right to collateral security.

(3) The Plaintiff’s document of borrowing (see, e.g., the Plaintiff’s document on March 23, 2018; 2.3 pages of the preparatory document on November 22, 2019). On May 20, 2013, the date on which the Plaintiff was prepared is as follows: “The Defendant borrowed from the Plaintiff a certificate of borrowing that “the amount of KRW 200 million (the interest rate of KRW 24% per annum (the 30% per month of interest payment method) and the due date of payment ( October 30, 2013)” (No. 1; hereinafter referred to as the “certificate of borrowing”).

was drawn up.

3.2