1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On July 3, 2013, the Plaintiff transferred KRW 7,000,00 to the Defendant’s agricultural bank account. On the same day, the Defendant prepared a written confirmation stating that “A loan (7,00,000,000) is repaid to the Plaintiff for the joint interest” to the Plaintiff on the same day.

B. The registration of ownership transfer was made with respect to B large-scale 702 square meters (hereinafter “instant land”) in Ysan-si as follows:

On June 11, 2013, June 2011, 2013, the grounds for registration for the receipt of the part of the right holder’s ownership, and May 9, 2013, 2013, the entire shares of the Plaintiff C (shares 582/702) in the sale and purchase C on June 24, 2013, No. 33023, Jun. 10, 2013; and the entire shares of the Plaintiff (shares 20/117) in the sale and purchase C on June 10, 2013, no. 49743, Oct. 27, 2014, the entire shares of the Defendant (shares 582/702) on March 8, 2016, all of the shares of the Defendant (shares 582/702, Oct. 27, 2016).

C. As to the instant real estate, the Plaintiff completed the registration of establishment of a collateral security (hereinafter “registration of establishment of a collateral security”) with respect to the instant real estate by the Jeonju District Court, Yansan District Court No. 35400, Jul. 3, 2013, the maximum debt amount of KRW 312,00,000, and the debtor, the debtor, the debtor, and the Ydong Agricultural Cooperative, the mortgagee of the first mortgage.

The registration of the establishment of a neighboring mortgage was cancelled on May 22, 2014 by the same date as the registration office No. 22762. D.

As to the instant real estate, the registration of creation of a mortgage (hereinafter “the establishment of a mortgage of No. 2”) was completed on May 22, 2014, the maximum debt amount of 420,000,000 won due to a contract to establish a mortgage on the same date, and the debtor, the Plaintiff, and the Korea Exchange Bank for Real Estate (hereinafter “the establishment of a mortgage of No. 2”).

The registration of the establishment of a neighboring mortgage was cancelled on November 6, 2014, which was received on November 6, 2014, based on the termination of the contract to establish a new mortgage.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The plaintiff.