1. The plaintiff's appeal is dismissed.

2. Claim for the cancellation of the mortgage contract dated September 5, 2016, which was added by this court.

Basic Facts

On March 21, 2016, the Plaintiff prepared a “investment agreement” with C and D (hereinafter “D”) to return KRW 200,000,000 to C and D until December 30, 2016, and lent KRW 200,000,000 to C and D on the same day.

As C and D did not repay the above loan, the Plaintiff filed a lawsuit against C with the Busan District Court 2017Gahap102494, and rendered a judgment on July 18, 2018 that “C shall jointly and severally with D to the Plaintiff, jointly and severally with D, pay 239,178,080 won and 200 million won interest per annum from January 1, 2017 to July 18, 2018, and 5% interest per annum from the next day to the day of full payment, and 15% interest per annum from the next day to the day of full payment.” Although C appealed appealed, the appeal was dismissed, and the above judgment became final and conclusive at that time.

On the other hand, on June 1, 2017, C concluded a mortgage agreement between the Defendant and the maximum debt amount of KRW 127,00,000 regarding the instant real estate, and between the obligor C and the obligee as the Defendant (hereinafter “mortgage agreement”). On the same day, C concluded a mortgage agreement between the obligor and the obligee as the Defendant (hereinafter “mortgage agreement”). On the same day, C completed the registration of creation of a neighboring mortgage (hereinafter “mortgage creation registration”) under the Busan District Court’s Seosan Branch Branch Office No. 29217, the Busan District Court’s receipt of the Northern Branch Branch Office (hereinafter “instant neighboring mortgage registration”) on the same day.

The relationship between the acquisition and loss of the right before the establishment registration of the neighboring real estate of this case shall be as follows:

On December 30, 2015, 200 won of the maximum debt amount of the contract, 200,970,000 won, a debtor Cmortgage Co., Ltd., Ltd., Co., Ltd., Ltd., on June 2, 2016, the maximum debt amount of which is 60,000,000 won, as of June 2, 2016, which was established on December 30, 2015, concerning the grounds for registration of priority number 11, the holder of a right to the registration and other matters, as to the 111-mortgage, which were the grounds for registration, and the 127,00,000 won of the maximum debt amount of which is created on September 5, 2016.