1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Basic facts

A. On November 7, 2008, the Plaintiff entered into a sales contract with D to purchase KRW 260,000,000 for E Apartment 101 Dong 711 (hereinafter “instant apartment”) in Gangnam-gu, Seoul. On the same day, the Plaintiff paid KRW 25,00,000 for the intermediate payment of KRW 125,00,000 for the same day, and KRW 110,000 for the remainder of December 26, 2008.

B. On November 28, 2008, the payment date of the above intermediate payment, the Defendant delivered 200,000,000 won each to the Plaintiff, on December 26, 2008, a cashier’s checks consisting of 10,000,000 face value, 5,000,000 face value, 5,000,000 face value, 5,000,000 face value, and the Plaintiff used the above cashier’s checks for the payment of intermediate payment and remainder under the above sales contract.

C. Around December 26, 2008, the remaining payment date of the loan was written by the Plaintiff and the Defendant, stating “AB million won per day, the Plaintiff, and the principal repayment date on December 25, 201” (hereinafter “the instant loan certificate”), and the Plaintiff’s signature and seal is written in the “debtor column” of the instant loan certificate.

In addition, on the same day, the agreement to establish the right to collateral security (hereinafter “instant apartment”) was prepared by the creditor and the mortgagee, the obligor and the mortgagee of the right to collateral security (hereinafter “Defendant”), the maximum debt amount, and the document to establish the right to collateral security (hereinafter “the document to collateral security”). The document to establish the right to collateral security (hereinafter “the document to collateral security”) attached the Plaintiff’s seal impression on the side of the Plaintiff’s name.

E. As to the apartment of this case, December 30, 208

The registration of ownership transfer was made under the name of the Plaintiff on the grounds of the contract for the sale and purchase as stated in the claim, and on the same day, it is deemed as the registration of establishment of mortgage over the debtor, the plaintiff, and the mortgagee, and the "mortgage of this case" on the grounds of the contract for establishing the right to collateral security.