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. Around November 27, 2013, the Defendant loaned KRW 150,000 to C with interest rate of KRW 2% per month and the due date of repayment on February 26, 2014.

(hereinafter) The Defendant’s claim based on this is “the instant loan obligation,” and C’s debt is “the instant loan obligation”).

The Defendant, on November 26, 2013, set up a right to collateral security (hereinafter “D”) for the instant loan claims, shall be the same as the Plaintiff’s 3,305 square meters of forest E-gun, Yangyang-gun, the Plaintiff’s fishing village, for the purpose of securing the instant loan claims.

(2) As to the instant loan claims, the Defendant completed the registration of the establishment of a neighboring land with the maximum debt amount of KRW 180 million, the debtor C, and the mortgagee as the Defendant. (2) On November 26, 2013, with respect to F forest land 3,967 square meters owned by the Plaintiff (hereinafter “Plaintiff’s transfer land”), on November 27, 2013, with respect to F forest land 7,617 square meters owned by the Plaintiff, Gyeonggi-si, Gyeonggi-do, G, Yangyang-gun, G, and I forest land 2,925 square meters, G forest land 2,925 square meters in Yangyang-gun, Gyeonggi-si, and GJJ 2,129 square meters in total (hereinafter “G land”). The registration of the establishment of a joint mortgage with the debtor, C, and the Defendant as the Defendant is completed.

C. Voluntary auction 1) On May 13, 2014, upon the Defendant’s application, the procedure of voluntary auction was initiated in Suwon District Court with respect to the Plaintiff’s Leecheon-cheon and G’s land. On October 5, 2015, the Defendant terminated the registration of creation of a neighboring mortgage over the Defendant’s land and G’s land, and the registration of establishment of a neighboring mortgage was cancelled on the same date. The said voluntary auction procedure was withdrawn on October 5, 2015 or revoked on October 12, 2015 at the Defendant’s request. 2) On May 14, 2014, the voluntary auction procedure commenced with respect to the two lands of Suwon District Court with respect to the Defendant’s land at the request of the Defendant, and thereafter, on June 9, 2014, the procedure of voluntary auction of Suwon District Court with respect to the two lands of Suwon District Court with respect to the Defendant’s land at the request of the Defendant.