1. The Defendant calculated the Plaintiff at the rate of KRW 38,284,332 and the annual rate of KRW 20 per annum from March 10, 2015 to the date of full payment.

1. Facts of recognition;

A. On September 5, 2006, the Defendant completed the registration of creation of a right to collateral security and the registration of creation of a superficies with the maximum debt amount of KRW 112,00,000 on the Gyeonggi-do, B, and C Forest land, and the debtor D.

On March 27, 2007, the obligor of the right to collateral security was changed to E on April 3, 2007 after the above forest land was transferred to E, F, and G (hereinafter referred to as E, etc.)'s transfer to co-ownership.

B. On August 30, 201, E, etc. entered into a contract to sell the said forest to H (I’s agent). During the payment of the purchase price, I decided to repay the said forest instead of the collateral loan.

For this purpose, I requested the Plaintiff to lend money for the repayment of the above loan, and the Plaintiff decided to be transferred with the collateral.

C. On December 29, 201, the Plaintiff lent KRW 70,000,00 to I. The Defendant completed the registration of transfer of the right to collateral security and superficies on the same day.

On December 28, 2011, the certificate of collateral security transfer (Evidence A 3) prepared by the Plaintiff and the Defendant on December 28, 201, stated that “A” with respect to the debtor E of the principal, acquired the collateral security on the said real estate and registered as No. 14046 on September 5, 2006 with respect to KRW 112,00,000 with respect to the maximum debt amount, according to a contract on September 5, 2006, and transferred the claim amounting to KRW 75,00,000,000 with respect to the said debtor, to the transferee A (the Plaintiff).

However, at the same time, the amount of the collateral loan to E was KRW 35,600,00,000, and the Defendant received 35,732,646 won ( principal, KRW 35,600,000) from I as the principal and interest of the loan and disposed of the loan.

E. After cancelling the above sales contract, E, etc. filed a lawsuit against the Plaintiff seeking the right to collateral security and the cancellation of superficies.

In the 2013Na8794 case, the appellate court on April 4, 2014, the plaintiff 35.35.