1. The judgment of the court of first instance is modified as follows.

The defendant received KRW 90,000,000 from the plaintiff.

1. Basic facts

A. On December 10, 2012, the Plaintiff completed the registration of the establishment of a neighboring lease on the part of the Plaintiff, the mortgagee, the Defendant, and the maximum debt amount of KRW 120 million as to the real estate (hereinafter “instant real estate”).

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) B.

On December 10, 2012, the Defendant issued D with the instant right to collateral security (hereinafter “instant right to collateral security”) to D, stating that “The Defendant would pay KRW 70 million, including interest and various fees, up to December 16, 2012, including KRW 10 million,” and “the certificate of loan (hereinafter “instant right to collateral”).

(C) A. D returned KRW 50 million out of the money received from the Defendant on December 11, 2012, the following day, and thereafter received the Defendant’s money via E on January 7, 2013. D. On May 20, 2013, the Plaintiff deposited the Defendant as the principal deposit (Seoul Central District Court Decision 10582, Seoul Central District Court Decision 2010, May 201). [In the absence of dispute over the grounds for recognition, the Plaintiff deposited KRW 10 million as the principal deposit (Seoul Central District Court Decision 10582, May 20, 2013). The purport of the entire pleadings is as follows.

2. The parties' assertion

A. The Plaintiff’s secured debt of the instant right to collateral security is a loan obligation of KRW 60 million, which the Plaintiff borrowed from the Defendant as of December 10, 2012, and KRW 90 million, which was received by D as of January 7, 2013, is a money transaction between D and E, not a secured debt of the instant right to collateral security.

The Plaintiff paid KRW 50 million out of the above KRW 60 million as of December 11, 2012, and the remainder KRW 10 million as of May 20, 2013 has ceased to exist due to the repayment deposit made on May 20, 2013. Therefore, the Defendant should cancel the registration of establishment of the instant neighboring facilities.

B. The defendant's assertion established the right to collateral security of KRW 120 million with the maximum debt amount of KRW 120 million with the introduction of E, and loaned KRW 100 million with D for business funds. The defendant was prepared first on the date of the establishment of the right to collateral security of this case.