1. On October 27, 2015, there is no obligation to borrow money based on the mortgage contract concluded by the Plaintiff against the Defendant.

1. Facts of recognition;

A. On September 2015, the Plaintiff lent the name of Nonparty C as the representative of Nonparty C Co., Ltd. to be established and received KRW 2 million to KRW 3 million per month.

B. C purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) and the 102 E-house 102, Busan, Jin-gu, Busan (hereinafter “E Housing No. 102”), thereby title trusting the said real estate to the Plaintiff.

C. On October 27, 2015, the Defendant created a right to collateral security of KRW 30 million on the instant real estate with the introduction of F, and agreed to lend KRW 20 million to C. C, the Defendant, and F, to the Plaintiff at the certified judicial scrivener’s office for the creation of the right to collateral security. However, the Plaintiff was in charge of verification procedures with the late certified judicial scrivener, and the Defendant and F did not call for the Plaintiff.

The defendant confirmed the identity of the plaintiff who had been late from the certified judicial scrivener office and forwarded the loan of KRW 20 million to the F account at C's request.

E. As to the instant real estate, the establishment registration of a neighboring mortgage (hereinafter “instant collateral security”) was completed on October 28, 2015, based on the obligee, the obligor, the maximum debt amount, and the maximum debt amount, KRW 30 million, arising from the contract to establish a contract as of October 27, 2015, which was received on October 28, 2015 from the Busan District Court Branch.

F. On January 10, 2016, the Plaintiff promised to move the instant real estate and the instant real estate in Busan Jin-gu under another person’s name.

G. Although the Plaintiff did not delegate or permit the establishment of the right to collateral security with the Plaintiff as the obligor, the Plaintiff and C conspired with the Defendant to establish the instant right to collateral security with the Defendant by forging the power of attorney in the name of the Plaintiff.

C argued that the Plaintiff did not talk about the right to collateral security, but the “establishment” was known, but it was a crime.