1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. The plaintiff's assertion C was completed with respect to the 1,908 square meters prior to Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Daejeon District Court of Daejeon District, the Masan Branch Office of 21482, Apr. 27, 2007, which was received on April 27, 2007, the establishment registration of a mortgage for the debtor C, the mortgagee, the mortgagee of the right to collateral security, and the defendant of the right to collateral security was invalidated as a false conspiracy. Thus, the above contract of collateral security is invalid as a false conspiracy. Thus, the defendant is obligated to perform the registration procedure for cancellation of the establishment registration of the right to collateral security. The plaintiff is seeking the defendant by subrogation of C as the insolvent creditor of national tax.

2. Where the Plaintiff claims that his claim is invalid as a false declaration of conspiracy, the Plaintiff is liable to prove the facts constituting the cause of the disturbance, and the intention and indication of declaration of intention are not different in order to establish a false declaration of conspiracy, and an agreement is required with the other party as to the disagreement.

(1) In light of the aforementioned legal principles, the following facts are revealed: (a) in light of the overall purport of the pleadings, C borrowed a sum of KRW 200 million from the Defendant and the husband of the Defendant, and completed a contract to secure the loan obligation after a considerable period of time has elapsed from the respective borrowing date; (b) in light of the aforementioned legal principles, C borrowed a total of KRW 200 million from May 20, 2002 and May 25, 2005, each of the following facts: (c) on April 27, 2007, when the establishment of a mortgage claim against the Defendant was completed to secure the loan obligation; (d) on the one hand, the amount of KRW 150,000,000,000, which is less than the above borrowing amount, as the maximum debt amount; and (e) on the other hand, on the other hand, Defendant C had a mutual agreement between the financial institution and Defendant C on May 28, 2005.