1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On March 29, 2017, the registration of transfer of ownership in the name of the Plaintiff was completed on the ground of sale due to voluntary auction on December 7, 2016, with respect to the share of 1/2 square meters in Ulsan-gun, Ulsan-gun, forest, and 1,256,196 square meters (hereinafter “instant share of 1/2”).

B. On June 2, 2017, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) consisting of the Defendant, the debtor, the Plaintiff, the maximum debt amount, the maximum debt amount, 800,000,000 with respect to the instant forest shares was completed.

C. On July 12, 2017, the registration of the entry of the decision on compulsory commencement of auction (Ulsan District Court E) made D as creditor on July 12, 2017, and the entry registration of the decision on voluntary commencement of auction (F) made the Defendant as creditor was completed on August 16, 2017, and each of the above auction procedures was conducted in duplicate.

(hereinafter “instant auction procedure”

D. According to the instant auction procedure, on February 21, 2018, the ownership transfer registration was completed in the name G with respect to the instant forest shares, and the Defendant received dividends of KRW 117,054,790 out of the proceeds from the instant auction procedure based on the foregoing right to collateral security regarding the instant forest shares (i.e., the principal amount of KRW 100,000,000,054,790).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is obligated to pay to the plaintiff the amount equivalent to 2,93,900 won of the creation cost of the right to collateral security of this case and damages for delay pursuant to the above agreement, since the plaintiff bears the burden of establishing the right to collateral security of this case according to the agreement with the defendant to make a subsequent repayment. However, there is no evidence to prove that the defendant has made the above agreement with the plaintiff, and the plaintiff's argument in this part is without merit.

B. The plaintiff to determine on the assertion of defraudation of money shall lend money to the defendant.