1. The Defendant’s KRW 72,00,000 as well as 5% per annum from January 1, 2016 to October 19, 2017 to the Plaintiff.

1. Determination on the cause of the claim

A. Facts of recognition 1) The Defendant is Seosan City C, D, and E (hereinafter “instant land”).

(2) On February 2, 2005, the Plaintiff completed the registration of ownership transfer for the instant land No. 1 on July 9, 2010, and on January 22, 2014, the Defendant completed the registration of ownership transfer to the Plaintiff on January 22, 2014.

3) On July 21, 2015, the Plaintiff repaid the Defendant’s loans to the Seocho-gu Saemaul Savings Depository, a mortgagee, KRW 72 million on behalf of the Defendant. [The fact that there is no dispute over the grounds for recognition, the entries in subparagraphs 1 and 2, and the purport of the entire pleadings.]

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff who repaid the Defendant’s obligation on behalf of the Defendant the amount of KRW 72 million and damages for delay calculated at the rate of 5% per annum under the Civil Act from January 1, 2016 to October 19, 2017, which is the date of this decision, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. Judgment on the defendant's defense

A. The Defendant’s defense 1) The Defendant borrowed KRW 70 million to G, and the Defendant borrowed KRW 70 million to the Defendant’s land, building, and land I (hereinafter “instant 2 real estate”) owned by the Defendant.

The registration of the establishment of a neighboring mortgage was completed.

Since then, the Defendant held the title trust of the instant real estate to F. F. The obligation to lend to the Seocho Saemaeul Community Fund, which was established as a collateral to the said real estate, was not repaid, and thus the auction procedure for the said real estate was conducted by the Daejeon District Court J for Seosan Branch.

On December 23, 2015, G was paid out of KRW 70 million to the Defendant, a mortgagee, during the aforementioned voluntary auction procedure. However, as loans owed by the Defendant G remains in only KRW 20 million, G remains, which was distributed in KRW 70 million.