1. The plaintiff's appeal and the plaintiff's successor's claim are dismissed.

2. The costs of appeal are assessed against the Plaintiff.

1. Facts of recognition;

A. Defendant and D acquired ownership on July 8, 2008 with respect to each 1/2 portion among the 1/2 shares of the 1st floor F stores of Gwangju Mine E (hereinafter “instant commercial building”) on July 8, 2008. On August 11, 2017, the registration of ownership transfer was completed on August 18, 2017 with respect to the entire commercial building of this case.

As to the instant commercial building, the Defendant completed on July 8, 2008 the registration of creation of a mortgage on the said commercial building, the maximum debt amount of KRW 226,200,000, and on July 5, 2013, the registration of creation of a mortgage on the said commercial building was cancelled on July 5, 2013.

B. On July 30, 2008, the Plaintiff, Defendant D, I, J, K, and L agreed with respect to the instant commercial buildings as follows (hereinafter “instant agreement”) by means of a deed signed by a private person, No. 3020 of M. 308.

1) The name of the instant commercial building (area: 39.28) shall be the Defendant and C, and the Plaintiff shall be 4.5 square meters, I shall be 1.5 square meters, and the Defendant shall be 20.5 square meters, etc.). (2) The interest rate shall be paid in proportion to the interest rate under the preceding paragraph in relation to the amount of KRW 174 million borrowed from the N Bank as security for the instant commercial building.

3) The interest shall be automatically transferred by the fifth day of each month to the N bank passbook in the name of the Defendant. 4) If the interest is not paid for more than two months, the right to the commercial building of this case shall be waived and the right shall be automatically transferred to the Defendant and D.

C. The total monthly interest of loans on the instant commercial building is KRW 1.1 million.

On November 5, 2018, the Plaintiff’s succeeding intervenor transferred part of KRW 10 million among the instant subject-matter of lawsuit (the Plaintiff’s claim that the Plaintiff would receive KRW 14,950,000 to the Defendant based on the instant agreement) to the Intervenor succeeding to the Plaintiff on November 1, 2018, the notice of assignment of claims as of November 1, 2018, the agreement on assignment of claims as of November 1, 2018, and the power of attorney as of November 1, 2018, to the Plaintiff’s succeeding intervenor on this case.