1. The defendant received KRW 13 million from the plaintiff, and each real estate listed in the separate sheet to the plaintiff.

1. The real estate listed in the separate list of facts (hereinafter “the instant real estate”) is owned by the Plaintiff. The registration of the instant real estate was cancelled on July 21, 2010 on the ground of termination on July 20, 2010, based on the mortgage contract concluded on December 8, 2009, with regard to the instant real estate, and the registration of the creation of the collateral security (hereinafter “the first collateral security registration”) was completed with the mortgagee, the Defendant, the obligor, and the maximum debt amount of KRW 50 million.

On August 19, 2010, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “registration of the instant collateral”) on August 19, 2010, with respect to the instant real estate, which was entered in the text as the mortgagee, the debtor, the maximum debt amount of KRW 20 million, based on the agreement to establish a mortgage on the same day.

After the registration of the instant collateral security, Plaintiff C, the wife of the Plaintiff, transferred the total amount of KRW 7 million to the Defendant on 13 occasions until October 4, 2012, including KRW 1 million on March 22, 2011. [The grounds for recognition: the fact that there is no dispute, evidence Nos. 1 through 5, evidence No. 1-1, 2-2, and the purport of the entire pleadings.]

2. Determination on the claim

A. First, the Plaintiff asserts that the instant collateral security registration is invalid due to illegal consideration and thus should be cancelled, since the Plaintiff’s wife was established to secure KRW 3 million for gambling funds borrowed from the Defendant.

On the other hand, as alleged by the plaintiff, there is no evidence to support the fact that the registration of the instant collateral security was made to secure the plaintiff's obligation for gambling funds, and the plaintiff's above assertion is without merit.

B. Next, the Plaintiff asserts that the amount of the secured debt of the instant collateral security registration is limited to three million won, and thereafter, the Plaintiff’s wife transferred the amount of KRW 7 million to the Defendant and extinguished by paying the said amount, so the instant collateral security registration should be cancelled.

However, there is no evidence to acknowledge that the secured debt amount of the registration of the instant collateral security is KRW 3 million.0 million.

Rather, it is true.