1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff lent approximately KRW 300 million to C from around 1990 to 1998.

On February 5, 1998, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the mortgagee, the Defendant, the debtor, and the maximum debt amount of KRW 300 million, with respect to the amount of KRW 2975m2, E forest, 6545m2, F forest, 851m2, G forest, 30248m2, H forest, and 9620m20m2 (hereinafter “each of the instant real property”).

I, on January 17, 2017, filed a lawsuit against the plaintiff and the mortgagee of each of the instant real estate on the ground of the completion of the extinctive prescription of the secured debt in subrogation of C, claiming the cancellation of the registration of creation of mortgage.

On September 8, 2017, the Plaintiff received KRW 300,000 from the Defendant’s name, and on the same day, drafted a contract for transfer of the right to loan of KRW 300,000 to the Defendant and the right to collateral security (hereinafter “instant transfer contract”) stating that the instant right to collateral security is transferred to the Defendant, and the I Co., Ltd voluntarily withdrawn the lawsuit against the Plaintiff.

[Based on recognition, the Plaintiff’s assertion of the overall purport of the Plaintiff’s statement and the entire argument as to Gap’s evidence Nos. 1 and 2 (including a serial number; hereinafter the same shall apply) and Eul’s evidence Nos. 1 (a claim and collateral security transfer contract, and the Plaintiff’s seal on the Plaintiff’s seal, are presumed to have established the authenticity of the entire document due to the lack of dispute. The Plaintiff asserted to the effect that the document was forged on the Plaintiff’s own will, but no evidence exists to acknowledge it).

J appears to have prepared the instant transfer contract with the Plaintiff on behalf of the Defendant, but the Plaintiff was aware that it was to enter into the contract with I Co., Ltd., and was unaware of the Defendant at all, and whether J was granted the power of representation from the Defendant. As such, the instant transfer contract was concluded.