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1. The defendant's appeal against the plaintiffs is dismissed.
2. The defendant number intervenor is recorded in the annexed list 1 to the plaintiff A.
Reasons
1. Basic facts
A. On Apr. 8, 2008, Plaintiff A demanded G, the representative director of Plaintiff E Co., Ltd. (hereinafter “Nonindicted Company”) to offer a loan of KRW 5,248 square meters (hereinafter “instant land”) to him/her as collateral and arrange a loan of KRW 300 million. G requested G to the I who was in office as the former manager of Nonparty Company, for a loan of KRW 5,248 square meters (hereinafter “instant land”).
B. Meanwhile, around July 2007, the defendant lent KRW 190 million to the non-party company, and the non-party company did not repay it, on April 10, 2008, the amount of the defendant's claim against the non-party company is KRW 250 million, and the non-party company agreed to pay KRW 350 million, including interest, etc., to the defendant by August 10, 2008. In order to secure the defendant's above claim, the non-party company entered into an agreement that the non-party company completed the registration of the establishment of the neighboring land owned by the plaintiff to the defendant for the purpose of securing the defendant's above claim.
C. On April 24, 2008, the Plaintiff and D visited the office of the non-party company at the request of the I, and on the premise of the J, the office of D, I, and Certified Judicial Scriveners (P), the Plaintiff stated the name in the “refrative mortgage contract” column and affixed a seal imprint on the next page, and indicated the “three hundred million won” in the “the maximum debt amount” column under the written contract to establish a collateral security (Evidence No. 4; hereinafter the “instant contract to establish a collateral security”). The Plaintiff affixed a seal on the letter of confirmation under Article 49(3) of the former Registration of Real Estate Act (Amended by Act No. 10580, Apr. 12, 2011).
After that, the defect I, in order for D to state his name in the debtor column, rejected D while "it is not a loan from the bank to the debtor at the time of document review", and the plaintiff A and D, who are doubtful of I's act, have affixed seals on the seal affixed by the plaintiff A and D, so that they can find out the body of the defendant.