1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On May 14, 1996, the Defendant concluded a sales contract to pay the sales price of KRW 300,00,000 for C (mutual change to E Co., Ltd. on February 23, 1998, hereinafter “C”) and the Daegu Suwon-gu D 501 (hereinafter “instant apartment”) on December 31, 1997, and to pay KRW 22,00,000 for the intermediate payment of KRW 178,00,000 on the date of the contract, the intermediate payment of KRW 178,00,000 on July 15, 1996, and the remainder of KRW 10,00,000 on December 31, 197.

B. However, on July 12, 1996, C created a mortgage creation registration (hereinafter “mortgage creation registration”) with respect to the apartment of this case, which is composed of a loan from the Daedong Bank Co., Ltd. and the maximum debt amount of 195,00,000 won, and the debtor C and Daedong Bank Co., Ltd. (hereinafter “mortgage 1”) and the collateral security (hereinafter “mortgage 1”).

On December 20, 1997, the Defendant promised to cancel the registration of creation of the first place collective housing from C, and paid the remainder of KRW 100,000,000 to C according to the above sales contract, and completed the registration of ownership transfer on the apartment of this case.

C. C did not cancel the registration of creation of the first place of mortgage, the Defendant, as a director of C at the time, requested B, who is a de facto representative, to provide other collateral in order to secure the payment of subrogated amount arising from the subrogated payment of the first place of collateral mortgage.

On January 16, 1998, B agreed to pay the amount subrogated to the Defendant (hereinafter “instant agreement”), and completed the registration of establishment of a neighboring mortgage, such as the written claim, (hereinafter “the registration of establishment of a second neighboring mortgage”) with respect to each real estate of this case, as stated in the purport of the claim. D.

C In the event that C did not repay the secured obligation of the first collateral mortgage, on June 4, 1999, the Defendant subrogated to the Korea Assets Management Corporation for KRW 101,041,095 (= interest of KRW 100,000,000 on the loaned principal).

E. On the other hand, on June 20, 1997, the Plaintiff is a Silsan Public Co., Ltd. (hereinafter “Masan Public Co., Ltd.”).