1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

1. The following facts are found to be without dispute between the parties or recognized by comprehensively considering the respective descriptions of Gap 1 to 7, Eul 1 and 2 and the purport of the entire arguments.

A. On June 3, 2013, the Plaintiff lent KRW 20 million to C Co., Ltd., but D, the representative director, jointly and severally guaranteed this, and decided to set up the first priority mortgage in the name of the Plaintiff on the land Eunpyeong-gu Seoul E (hereinafter “instant land”).

B. On June 3, 2013, the Defendant (Certified Judicial Scriveners) requested registration to secure the establishment of a right to collateral security (hereinafter “instant promise”) prepared a statement of cash custody (Evidence A2; hereinafter “instant promise”) to the effect that “The Defendant, upon receiving KRW 20 million from the Plaintiff, received and kept the said KRW 20 million from the Plaintiff, paid the said money to C Co., Ltd. on the instant land when the establishment of the first priority mortgage registration was completed in the name of the Plaintiff.”

C. On June 27, 2013, the Defendant transferred the instant land to C Co., Ltd. KRW 17 million (i.e., KRW 20 million - the cost of establishing the right to collateral security) on June 27, 2013. Instead, the registration of the Busan District Court and the registration of the establishment of the right to collateral security (hereinafter “instant building”) on the fifth floor of the F building in the Busan East-gu, Busan District Court and the registration of the establishment of the right to collateral security (hereinafter “the instant right to collateral security”) on June 28, 2013, with the maximum debt amount of KRW 26 million on June 28, 2013 as the registration of the right to collateral security (hereinafter “the instant right to collateral security”).

On September 5, 2013, according to the Plaintiff’s application, the auction procedure was commenced to Busan District Court G on September 5, 2013, but the auction procedure was cancelled on April 3, 2014 on the ground that the deduction of the deposit amount of KRW 120 million from the prior lessee with the opposing power would not be possible.

2. Summary of the parties' arguments

A. The Defendant did not complete the registration of establishment of the first class neighboring to the instant land.