1. The defendant received KRW 390,000,000 from the plaintiff and then each of the real estates listed in the separate sheet to the plaintiff.

1. Basic facts

A. The Plaintiff is the owner of 36/60 shares of each of the instant real estate, and C Co., Ltd. (the first one was “D Co., Ltd.,” and the trade name was changed on October 19, 2015; hereinafter “C”) is the owner of 24/60 shares of each of the instant real estate.

B. On October 22, 2010, the Plaintiff completed the registration of creation of a mortgage over the Plaintiff’s share out of each of the instant real estate to the Defendant, 450,000,000 won with respect to the Plaintiff’s share, and the registration of creation of a mortgage over the Plaintiff’s share as the Plaintiff (hereinafter “the first mortgage”), and C on September 19, 2014, the Defendant completed the registration of creation of a mortgage over the share of D among the instant real estate to the Defendant as the obligor C.

(hereinafter “instant 2-mortgage”). C.

E, F, and G, for which the representative director of the Plaintiff was the Defendant, and from November 22, 2009 to May 31, 2016, the sum of KRW 212,00,000 was paid over 15 times as shown in the attached Form of Payment Statement.

The Plaintiff intended to pay KRW 58,000,000 to the Defendant, but refused to receive it, and deposited KRW 58,000,000 as Seosan Branch of the Daejeon District Court on April 5, 2017, as Seosan Branch of the Daejeon District Court 2017.

(hereinafter “instant deposit”). Around June 2017, the Defendant reserved and withdrawn the instant deposit amount of KRW 58,000,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The secured debt of the first mortgage in the instant case, which is the cause of the claim, is an investment amounting to KRW 270,000,000 against the Defendant.

The Plaintiff repaid 212,00,000 won out of the above debt to the Defendant, and deposited the remainder of 58,000,000 won.

Therefore, the establishment registration of the first place of the instant case should be cancelled since all the investment obligations, which are the secured debt, have been extinguished.

B. The Defendant’s claim 1 that secured the right to collateral security of the instant case against the Plaintiff is the Defendant’s claim against the Plaintiff on September 18, 2014.