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. Loans 1 dated September 16, 2002) between the Plaintiff and the Defendant (large 1, 3 community credit cooperatives) and the Defendant (large 1, 3 community credit cooperatives) changed from April 11, 2013 to the current trade name.

B) On September 16, 2002, regarding the instant real estate and its ground buildings owned by the Plaintiff, the establishment registration of a neighboring mortgage (hereinafter “mortgage”) consisting of the maximum debt amount of 60,000,000 in the name of the Defendant regarding the instant real estate and its ground buildings.

(1) On the same day, loans of KRW 50,000,000 (hereinafter referred to as “loan 1”) are extended from the Defendant as security against the instant real estate and its ground buildings in the name of the Plaintiff from the Defendant.

2) The loan was deposited in the account (Account Number:O) in the name of the Plaintiff on the same day and was transferred to another account (Account Number: C; hereinafter referred to as the “instant account”) in the name of the Plaintiff and immediately deposited in full.

B. A loan of KRW 20 million between the Plaintiff and the Defendant on December 28, 2001 (hereinafter “instant second loan”) on December 28, 2001 between the Plaintiff and the Defendant (hereinafter “instant second loan”).

2) The loan was deposited in the account (Account Number: P) in the name of the Plaintiff on the same day, and was transferred to the account of this case and immediately withdrawn in full.

(b) [Reasons for Recognition] Facts without dispute, entries in Gap evidence 1, 3, 4, 6, 8, Eul evidence 1 (including paper numbers) and the purport of the whole pleadings;

2. Determination as to the claim for confirmation of non-existence of the first loan obligation of this case

A. In light of the fact that with respect to the first loan of this case, the Plaintiff did not prepare a loan transaction agreement and a written contract to establish a mortgage, and that the golder and the cash account number are not stated in the re-issuance slip, and that the Defendant’s debt certificate (Evidence A8) did not exist in the debt certificate issued by the Defendant, the Plaintiff kept documents necessary for the establishment of a prior mortgage after completing the instant real estate on August 28, 2002 without the Plaintiff’s consent, and the Defendant set up a mortgage on the instant real estate at his own discretion without the Plaintiff’s consent and set up the loan documents.