1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 18, 2009, the defendant prepared a certificate of loan [the certificate of loan No. 1; hereinafter "the certificate of loan of this case"; the defendant asserted that the father C has forged the part under the name of the defendant but there is no evidence to support this] between the plaintiff and the plaintiff. On the same day, the plaintiff remitted KRW 150 million to the account under the name of the defendant.

The certificate of borrowed money

1.Lump Sum: 150,000,000 won shall be borrowed and agreed as follows:

2. Date of repayment: 150 million won for the interest on August 3, 2009;

4. Method of payment of interest: A payment of the principal of KRW 150 million and interest of KRW 150 million shall be made by August 18, 2009 to the Plaintiff as a lump sum payment from 60 days to 150 million.

7. The joint and several suretiess shall guarantee this obligation and shall be responsible for the performance of the obligation with the Defendant.

on June 18, 2009: Defendant Joint and Several sureties: C

B. On February 1, 2012, the mother and the defendant’s mother and the defendant’s mother completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) comprised of KRW 300 million maximum debt amount, the debtor, the defendant, and the plaintiff of the right to collateral security (hereinafter “the instant real estate”).

C. 1) Around 2015, F entered into a sales contract with Defendant and H to purchase the instant real estate from Defendant and H (hereinafter “instant sales contract”).

(2) On February 13, 2015, upon entering into the instant sales contract, F paid KRW 300 million to the Plaintiff directly. Accordingly, F paid KRW 100 million to the Plaintiff and received the following receipts (No. 10, hereinafter “No. 1 receipt”) from the Plaintiff.

The plaintiff of the defendant's creditor confirmed that he received KRW 100 million from F on behalf of the debtor, received the remainder of KRW 200 million, and at the same time cancelled the registration of the establishment of the mortgage of this case.