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1. The plaintiff's appeal and the claims extended by this court are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
1. Facts of recognition;
A. On February 1, 2012, B sold to C the share of 165/300 out of the share of 331/3000 square meters (hereinafter “instant land”) of D 3,00 square meters (hereinafter “instant land”). On March 21, 2012, B completed the share transfer registration with respect to the said share of land.
B. B shows that the Plaintiff’s share in the instant land was 31/300, and requested the Plaintiff to lend KRW 15,000,000 to the Plaintiff. On July 16, 2012, the Plaintiff concluded a monetary loan agreement with the Plaintiff, setting forth KRW 15,00,000 as interest rate of KRW 7,50,000 prepared by the Plaintiff and KRW 7,500,000,000 created by the Plaintiff, who is the Plaintiff’s death penalty, as of October 16, 2012, with respect to the share in the instant land, and concluded a mortgage agreement with the creditor and mortgagee, E and the debtor, maximum debt amount of KRW 19,00,00 with respect to the share in the instant land as of October 16, 2012.
C. On July 17, 2012, the Plaintiff filed an application for the establishment registration of a neighboring mortgage with public officials belonging to the competent registry office of Daejeon District Court, along with a written contract to establish a collateral security under the name of E, and the delegation of E, with regard to the share of 331/300 of the instant land. The pertinent registry official did not discover that the share of the said 331/300 of the subject-matter of the application and the share of B at the time (16/300 shares) did not coincide with the share of the said 331/300 of the instant land, and eventually, the registration of the establishment of a neighboring mortgage with regard to the share of 331/300 of the instant land owned by B was completed (hereinafter “the establishment registration of a neighboring mortgage”).
On July 20, 2012, the Plaintiff paid 12,000,000 won remaining after deducting interest from interest under the said monetary loan agreement.
E. On the other hand, on November 13, 2017, E voluntarily auction the amount claimed as KRW 15,000,000 on the portion of the instant land to the Seosan Branch F of the Daejeon District Court based on the instant collateral security right.