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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. Basic facts
A. The status of the parties, etc. E is a person who is well known to the ordinary plaintiff and has been operating a health room in heading 401, 402, and 403 of the unit D No. 4 of Ansan-si, Ansan-si, the plaintiff owner, and F is a person who has operated the hotel game room business with E at one time.
B. Upon the F’s request from the F to lend or invest money, E decided to borrow or invest money from the Defendant through the Plaintiff.
C. 1) The Plaintiff’s agent E, on December 28, 2011, borrowed KRW 100,000,000 from the Defendant on December 27, 2012, with interest rate of KRW 30% per annum (hereinafter “this case’s loan loan agreement”). No. 502 of 2011, the No. 502 of the notarial deed (this case’s notarial deed) stating that “if the above obligation is not repaid, it shall be acknowledged that there is no objection even if compulsory execution is immediately performed,” and on the same day, the Plaintiff’s agent E borrowed KRW 54,00,000 from the Defendant on January 2, 201, with the effect that “50,000 shall be repaid each month in installments, and if the obligation is not performed, it shall not be subject to compulsory execution immediately” (No. 201, No. 2031, May 23, 2013).
2) On December 28, 201, in order to secure the claim of KRW 100,000,000 as above, the Defendant completed the registration of creation of a mortgage (hereinafter “registration of establishment of a mortgage of this case”) with respect to the members of Ansan-si, the second floor No. 210, and the fourth floor No. 401, 402, and 403 of the members of Ansan-si, the Plaintiff owned by the Plaintiff, the Suwon District Court No. 13019, Dec. 28, 201, respectively, as the obligor, the mortgagee, the Defendant, the maximum debt amount of KRW 10,000,000, each of the establishment of a mortgage of this case (hereinafter “registration of establishment of a mortgage of this case”).
The defendant, such as seizure and collection, shall attach the plaintiff's claims on the basis of the 1st deed of this case.