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. Basic facts

A. On September 20, 2007, C leased KRW 100 million to the Plaintiff (hereinafter “instant loan”) with the interest rate fixed as 2% per month, and as a security, C received from the Plaintiff a promissory note note of KRW 130 million per face value as to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

B. On November 23, 2007, the Plaintiff transferred KRW 52 million to the Agricultural Cooperative Account in the name of C’s wife D used by C on November 23, 2007, and KRW 10 million to the same account on December 17, 2007.

C. C using the aforementioned document on November 28, 2007, with regard to the instant real estate on November 28, 2007, under Article 32066 of the Incheon District Court’s Reinforcement Registry, C completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 130 million, the debtor, the plaintiff, and the mortgagee C (hereinafter “the registration of creation of a neighboring mortgage”).

C On September 17, 2012, the Defendant entered into a contract with the Defendant to transfer the instant right to collateral security, and the Defendant completed the registration of collateral security under the Incheon District Court’s Reinforcement Registry No. 24106 on September 19, 201.

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

2. Determination as to the cause of claim

A. The Plaintiff’s assertion, as stated in paragraph (1) and (b), has repaid KRW 62 million to C, as well as additionally repaid KRW 42 million to C around December 2007, in addition to the total sum of KRW 10 million check and KRW 12 million check, the Defendant is obligated to cancel the registration of creation of mortgage of this case, and the Defendant is obligated to cancel the registration of creation of mortgage of this case.

B. As seen earlier, the Plaintiff’s repayment of KRW 52 million to C on November 23, 2007 with respect to the instant loan, and KRW 10 million on December 17, 2007, respectively.

On the other hand, the above reimbursement is made.