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. The Defendant is engaged in the breeding of pigs with the trade name of “C”, and D is engaged in the wholesale and retail business with the trade name of “E”.

B. On July 30, 2013, the Defendant: (a) demanded a security to deliver pigs via Samsung F&D; and (b) completed on July 30, 2013, the registration of the establishment of a mortgage on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) around the obligor, the Plaintiff, and the mortgagee’s right to collateral security (hereinafter “registration of collateral security”).

C. The Defendant’s price for the goods that was not received from D reaches KRW 68,357,442 around August 20, 2013.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 3, F's testimony by the witness of the first instance court, testimony by the witness G of the trial party, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion, around July 24, 2013, agreed to sell D the instant real estate in KRW 270,000,000, and the remainder of KRW 170,000,000, which remains after deducting KRW 170,000 from the deposit. The Plaintiff agreed to receive KRW 10,000,000 in installments per week.

D In finding the Plaintiff and setting up the right to collateral security on the instant real estate in the future of the Defendant, the Defendant paid the Plaintiff KRW 100,000,000 to the Plaintiff in the form of a loan. Accordingly, the instant right to collateral security was registered.

The Plaintiff did not intend to secure the goods payment obligation against the Defendant, and the registration of the instant right to collateral security was made to secure the Plaintiff’s obligation to the Defendant with a loan amounting to KRW 100,000,000 against the Defendant, and the Plaintiff did not receive the above money, so the registration of the instant right to collateral security does not exist, and the registration of the instant right to collateral security has to be cancelled

B. (1) The right to collateral security is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act).