1. On May 201, 201, the Defendant: (a) on the real estate indicated in the indication of attached real estate to the Plaintiff, the Changwon District Court Branch Branch Branching Jin

1. Facts of recognition;

A. The Plaintiff resided in the U.S. from August 4, 2010 to June 1, 2011, as a person who completed the registration of ownership transfer under the receipt No. 30274 on June 12, 2006, with respect to the real estate indicated in the [Attachment]’s attached real estate (hereinafter “the apartment of this case”).

B. On May 24, 201, the Plaintiff’s East C prepared and delivered to the Defendant a certificate of loan that the Plaintiff borrowed KRW 50,000,000 from the Defendant at interest rate of 12% per annum, and on May 24, 2012, signed and sealed the Plaintiff’s name.

C. On May 29, 2011, C concluded a mortgage agreement with the Defendant on the instant apartment with the maximum debt amount of KRW 60,000,000, the obligee, and the obligor regarding the instant apartment, and signed a mortgage agreement with the Plaintiff. Of the confirmation document for the establishment registration of a mortgage near the above purport, C affixed his/her own seal on the Plaintiff’s unmanned column.

The Defendant completed the registration of the establishment of a neighboring apartment (hereinafter “registration of the establishment of a neighboring apartment of this case”) under No. 22690, May 19, 201, as to the instant apartment by submitting the documents of confirmation, etc.

E. On July 4, 2011, the Defendant remitted KRW 50,000,00 to the Plaintiff’s passbook.

F. Upon the registration of the establishment of the instant neighboring mortgage, the Defendant applied for the auction of the real estate as Jinwon District Court Jinwon Branch D, and on March 21, 2016, rendered a decision to commence the auction on the same support.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 4, Eul evidence 1-3, Eul evidence 2-1 to 3, Eul evidence 2-1, 2, Eul evidence 3, 4-1 and 4-2, the result of appraiser E's unmanned appraisal, the purport of the whole pleadings

2. In the event that the establishment registration of a mortgage on the ground of the claim was not by the direct disposal of the owner of the real estate, but by the third party involved in the disposal of the real estate, the establishment registration of a collateral security holder is established even if the third party is the agent of the owner of the real estate