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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On November 19, 2009, the Plaintiff borrowed KRW 400,000 from the Defendant with interest rate of KRW 2% per month and until December 18, 2010 (hereinafter “the instant loan”) (hereinafter “the instant loan”).
(2) On November 19, 2009, the Plaintiff completed the registration of the establishment of a mortgage over KRW 520,000,000 with respect to the land E in Gwangju-si E (hereinafter “instant F Real Estate”) owned by the Plaintiff in order to secure the Defendant’s obligation to borrow the instant loan.
(2) On November 25, 2009, on December 15, 2009, the Plaintiff completed the registration of creation of a mortgage on the Plaintiff’s real estate owned by the Plaintiff as indicated in the table below by adding the Plaintiff’s real estate owned by the Plaintiff to the joint collateral of the instant mortgage (hereinafter “instant land”). After completing the registration of establishment of a mortgage on the instant land on December 15, 2009, on December 26, 2009, the Defendant completed the registration of establishment of a mortgage on the instant land on December 15, 2009, by cancelling the registration of establishment of a mortgage on the instant land on May 25, 2012 at the Plaintiff’s request.
B. On January 19, 2017, the Defendant applied for the voluntary auction of the instant F real estate F, based on the instant right to collateral security, to Suwon District Court Branch C for the voluntary auction of the instant F real estate, and on January 19, 2017, a distribution schedule was prepared to distribute KRW 494,750,461 to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (including documentary evidence with virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. 1) The Plaintiff’s main argument is determined as to the primary argument. The Plaintiff’s main argument is Qua in Gwangju City, Qua. 6,744 square meters (hereinafter “the instant division”).