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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.
Reasons
1. The court's explanation concerning the instant case is set forth in Article 3-B of the judgment of the first instance.
The part of paragraph (2) is the same as the reasoning of the judgment of the court of first instance, except for the dismissal as set forth in the following paragraph (2). Thus, this part is cited in accordance with the main sentence of Article 420
2. According to each of the evidence Nos. 1, 1-1, 5-1, 5-1, and 5, the fact that the Defendant Union completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of this case”) with the Cheongju District Court No. 37861, Aug. 6, 2015, regarding the land D pursuant to the written mortgage contract signed between the Defendant Union and C as of August 6, 2015.
However, comprehensively taking account of the respective descriptions in Eul evidence Nos. 1, 2, 3, 4, and 6-2, Eul evidence Nos. 1, 2, and 7, and the overall purport of testimony and pleadings by witness I of the first instance trial, Eul submitted a written confirmation of each land use plan and land cadastre for obtaining a real estate collateral loan from the defendant union around May 2013 (hereinafter "B") to the defendant union, and as a result, the defendant union conducted an appraisal of each of the above lands, and as a result, the appraised amount of KRW 48,860,00 for D lands, KRW 28,540,00 for B lands, and KRW 35,000 for loans exceeding the appraised amount of the land established as of May 30, 2013, and the fact that Eul did not immediately grant a loan to the defendant union before the completion of the mortgage registration as to the land of this case.
In light of the above facts, C prepared documents to set up all of the above land as collateral, but only B (the appraised value less than the loan amount) land was not any reason to set up as collateral, and then C was provided with all the above land as collateral.