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 June 2, 2011, the Plaintiff completed the registration of the establishment of a collateral security (hereinafter “registration of the instant collateral security”) consisting of KRW 100 million with the maximum debt amount, KRW 18606,00,00,000, which was received from the Youngcheon District Court’s registration office, and KRW 18606.

B. On June 2, 201, the Plaintiff, on June 2, 2011, drawn up a “written commitment performance letter” with the content that “GC at any time, at any time, wishes, A shall be an immediately after the establishment is terminated. No civil or criminal liability shall be held (money relation) after the establishment is made.”

C. Meanwhile, the details of monetary transactions between the Plaintiff and G prior to the establishment of the instant mortgage registration are as follows.

G Plaintiff G KRW 5,00,000 on September 20, 2005, KRW 5,000,000 on September 30, 2005, KRW 5,000 on October 19, 2005, KRW 15,000 on October 31, 2005, KRW 18,000 on March 3, 2006, KRW 12,400 on March 21, 2006, KRW 200 on March 229, 2006.

D. After the registration of the instant right to collateral security, the Plaintiff remitted to G KRW 8 million on October 24, 201, and KRW 15 million on October 25, 201, respectively. G transferred to the Plaintiff KRW 15 million on November 22, 2011, and KRW 10 million on December 5, 201, respectively.

E. Even thereafter, the Plaintiff remitted to G each amount of KRW 10 million on February 20, 2013, KRW 5 million on February 25, 2013, KRW 15 million on February 28, 2013, KRW 20 million on February 28, 2013, and KRW 20 million on March 8, 2013, and the said money immediately thereafter was deposited.

F. On March 7, 2013, the Plaintiff and the Defendant drafted a notarial deed under a monetary loan agreement for transfer security (No. 253), which was determined as KRW 50 million, due date, March 22, 2013, and interest rate of KRW 30 per annum, by a notary public, who was determined as 30% per annum, on March 7, 2013.

G. In the instant auction commenced at the request of the new bank, a creditor of G, the Daegu District Court, on January 16, 2015, 14 million won as the first priority lessee to H on January 16, 2015, 7.5 million won as the first priority lessee to the Defendant, 3,619,390 won as the second priority lessee to Yongcheon-si, and 3,619,390 won as the second priority.