1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. On April 9, 2009, Co-Defendant C of the first instance trial (hereinafter “C”) purchased from D, an infant in military service, a building E to 489 square meters and above ground (hereinafter “instant real estate”) from D on April 9, 2009, in the name of the Defendant, and completed the registration of ownership transfer under the Defendant’s name based on the said sale on May 15, 2009. At the time, the instant real estate was completed the registration of ownership transfer under the Defendant’s name as of October 24, 2006, with the maximum debt amount of KRW 30 million in the Plaintiff’s name (hereinafter “the registration of ownership transfer”).

B. On June 11, 2009, C requested the Plaintiff to cancel the registration of the establishment of the creation of the creation of the instant neighboring site, and C borrowed KRW 30 million from the Plaintiff on December 30, 2009 at the rate of 20% per annum after the due date for repayment and the overdue interest rate of 30 million won per annum after the due date for repayment, and the Defendant jointly and severally and severally guaranteed the loan certificate (Evidence A 2; hereinafter “the loan certificate of this case”). On July 31, 2009, C and the Plaintiff cancelled the registration of the establishment of the creation of the instant neighboring site due to the termination on July 31, 2009.

C. On June 28, 201, the Plaintiff obtained a provisional attachment order with the Jeonju District Court 201Kadan2512 with respect to the instant real estate as the claim for the said loan loan, and thereafter, was paid out KRW 10 million from C on July 7, 2011, and made a written pledge (No. 1; hereinafter “instant pledge”) to the Defendant that he/she would not be held liable for the criminal liability against the Defendant in the future, and cancelled the registration of the said provisional attachment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The defendant entrusted the plaintiff C with the preparation of the loan certificate of this case, and even if C is a non-authorized representative, the defendant shall act as proxy of C.