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. The Plaintiff and the Defendant entered into a contract with the Mine Forest Development Co., Ltd. (hereinafter “Mag Forest Development”) to purchase C land in emulation and to build and supply electric source housing on the ground (hereinafter “instant contract”), and the mineral development completed two electric source housing on the said land.

B. On April 28, 2015, D large-scale land was divided into D large-450 square meters in the land above C large-scale C, 900 square meters. On May 4, 2015, the Defendant completed the registration of ownership transfer with respect to the land above D large-scale D 450 square meters and the house owned by electric power source, and the Plaintiff completed the registration of ownership transfer with respect to C large-scale 450 square meters and the house owned by electric power source after dividing it on February 15, 2016.

C. On the other hand, on March 31, 2015, the Mine Development set up a collateral security (hereinafter “instant collateral security”) with respect to the said land and two houses owned by the electric source of the said land before the split-off to the Mutual Credit Union, which is the debtor, the defendant, the mortgagee, the member of the Mutual Aid Association, the maximum debt amount, 377,000,000, and was loaned KRW 290,000.

On November 8, 2016, the Plaintiff paid KRW 140 million to Suwon District Court E on the instant collateral security (hereinafter “instant auction”). On November 30, 2016, the Plaintiff withdrawn the instant auction by paying KRW 140 million to the member credit cooperatives, and cancelled the instant auction.

E. The Plaintiff disbursed a total of KRW 6,130,000 for the withdrawal of the instant auction and the cancellation of the instant mortgage (i.e., KRW 4,236,030 for the instant auction and the cancellation of the right to collateral security (i.e., KRW 1,614,060 for the Defendant’s credit union’s loan obligations against the Defendant’s member of the Union).

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 7, 12 (including branch numbers), the purport of the whole pleadings

2. Assertion and determination

A. Determination as to the cause of the claim