1. On February 27, 2014, the Defendant: (a) on the real estate stated in the attached list No. 1 list to the Plaintiff, the Seoul Northern District Court’s Northern District Court registry office.

1. Basic facts

A. On June 12, 1999, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). On February 27, 2014, the Plaintiff and the Defendant entered into a mortgage contract with respect to the said real estate after obtaining a loan of KRW 65 million from the Defendant, and completed the registration of ownership transfer with respect to the said real estate, and completed the registration of establishment of a neighboring real estate to the Plaintiff, including the maximum debt amount of KRW 78 million, and the debtor

(hereinafter “The instant mortgage contract” and “the instant establishment registration of mortgage”). B.

On April 20, 2016, B, who is the Plaintiff’s birth, filed a petition with Seoul Family Court 2016Ra3423 for a trial to commence adult guardianship with the Plaintiff as the principal of the case.

On June 27, 2016, the above court commenced adult guardianship for the plaintiff and decided to appoint B as the plaintiff's adult guardian. On July 13, 2016, the judgment on the commencement of adult guardianship became final and conclusive on July 13, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3, 4, 6, 10, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion concluded a mortgage contract of this case with the defendant even though he had no capacity to do legal act called the conclusion of the mortgage contract of this case. Since the above mortgage contract of this case was concluded in the state of the plaintiff's business ability, it is null and void, the defendant is obligated to perform the procedure for registration of cancellation of the mortgage establishment registration of this case

B. The capacity to determine the cause of a claim refers to the mental ability or intelligence that can reasonably determine the meaning or result of one’s act based on normal perception and towing ability, and the existence of capacity to act must be individually determined with respect to specific legal acts. Therefore, in particular, if a certain legal act is given with a special legal meaning or effect that makes it difficult to understand only the daily meaning, it shall be deemed to have been given.