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. In the first instance court, the Plaintiff sought compensation for damages equivalent to the above amount by asserting that the Defendant did not have any secured obligation with respect to the part concerning KRW 11,673,064, which was partially transferred to the Defendant during the registration of creation of a new collateral security (hereinafter “instant collateral security”) and claiming that the Defendant was damaged by borrowing KRW 11,00,000 from the Defendant to suspend the auction procedure based on the foregoing collateral security (hereinafter “the first instance court”). The first instance court accepted the Plaintiff’s claim on the condition that the Plaintiff would pay KRW 1,826,206 to the Defendant with the prior performance and dismissed the Plaintiff’s remaining claims and ②.

Since only the defendant appealed against this, the subject of the judgment of this court is limited to the claim ① except for the claim.

2. Basic facts

A. From August 201, C, who is his father and wife, operated the agent of D (hereinafter “D”) from around August 201, to secure C’s goods payment obligations, the Plaintiff completed the registration of the establishment of a neighboring mortgage over the instant real estate by the Incheon District Court No. 83853, Aug. 25, 2011 with respect to the instant real estate as the obligor C, mortgagee D, the maximum debt amount of KRW 30 million.

B. In order to secure the debt for the purchase price of goods to Edo Do Do Da, which invested in the instant agency business, the registration of the establishment of a mortgage over C, a mortgagee D, a maximum debt amount of KRW 70 million, was completed on December 27, 201, as the Incheon District Court No. 123509, which was received on December 27, 201, with respect to the building of 273.4 square meters and the second floor above ground (hereinafter “E real estate”).

C. C’s closure of the instant agency on April 2, 2013, the building owner H, C’s former partner I, C’s former spouse G, and E/C’s investment in the said agency, which was the interested parties surrounding the said agency on April 2, 2013, the J gathered and transferred the said agency’s claim for the return of the lease deposit of the said agency, KRW 60 million.