1. Revocation of the first instance judgment.

2. The defendant is the Seoul Northern District Court with respect to the real estate stated in attached Form 1 to the plaintiff.

1. Facts of recognition;

A. On February 4, 2008, the Plaintiff borrowed 40 million won at the interest rate of 30% per annum (2.5% per month) from C engaged in financial business (loan).

(hereinafter the above 40 million won is the loan of this case). B.

On February 21, 2008, the Plaintiff completed on February 21, 2008, with respect to the registration of creation of a mortgage on the real estate listed in the Attachment No. 1 (hereinafter “instant real estate”) owned by the Plaintiff for the purpose of securing the loan of this case, as to the maximum debt amount of KRW 5 million, the debtor, the debtor, and the mortgagee C (hereinafter “mortgage No. 1”)

C. From March 1, 2008 to July 20, 201, the Plaintiff paid C totaling KRW 71,790,000, and repaid all the principal and interest of the instant loan, as indicated in the separate sheet of calculation of appropriation amount in attached Form 2.

On the other hand, on January 31, 2011, C completed the supplementary registration of the transfer of the right to collateral security against the Defendant on the ground of transfer regarding the instant right to collateral security.

【As a result of the order of submission of each financial transaction information to our bank and new bank in the first instance court to submit each of the documents set forth in subparagraphs A through 8 (including the number of branches), the whole purport of the arguments, as a result of the order of submission of tax information to the head of the final tax office of this court, and the whole purport of the arguments

2. Determination as to the cause of action

A. According to the above facts, it is deemed that the secured obligation of the instant collateral security was extinguished by the Plaintiff’s repayment of the principal and interest of the instant loan by paying KRW 71,790,000 in total, from March 1, 2008 to July 20, 201, after completing the registration of establishment of the instant collateral security to C for the purpose of securing the instant loan loan obligation.

Meanwhile, as seen earlier, C completed the additional registration of the transfer of the instant right to collateral security on the ground of transfer on January 31, 2011. However, insofar as there is no evidence to acknowledge that C notified the Plaintiff of the assignment of the said right, the instant case between January 31, 201 and July 20, 201 with respect to C.