1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In accordance with the application for the auction of real estate by the D Cooperatives, the Busan District Court rendered a decision to commence the auction of this case on August 24, 2016 with respect to the land of 1,676 square meters in Kimpo-si, Kimpo-si, Kimpo-si, the Plaintiff owned by the Plaintiff (hereinafter “instant land”).

B. From the instant auction on July 21, 2017, with regard to KRW 1,165,092,244, the amount to be actually distributed as of July 21, 2017, a distribution schedule was formulated in order of 189,530, and 592,504,458 (mortgage 650,000,000) and 310,478,310 (mortgage 370,00,000) (mortgage 370,000,000) to the Defendant, who is a mortgagee, the mortgagee, and the distribution schedule was formulated in order of 261,656,533 in each of the dividends dividends of KRW 261,533 (hereinafter “instant distribution schedule”).

C. On July 21, 2017, the Plaintiff appeared on the date of distribution of the instant auction, and raised an objection to the whole amount of the instant dividend distributed to the Defendant among the instant dividend table, and thereafter filed the instant lawsuit on July 25, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The parties’ assertion 1) concluded a contract to establish a mortgage on the instant land with the Defendant, but there was no actual loan from the Defendant. The instant mortgage is null and void since there was no collateral obligation. The Plaintiff is not a money borrowed from the Defendant from September 10 to September 19, 2012, but rather a money borrowed from the Defendant from the Defendant during the period from September 10, 2012 to the period from September 19, 2012, but the Defendant was not a money borrowed from the Defendant, and the Defendant is a land of five parcels, such as Qu, R, T, and U

A) The money that was temporarily transferred to the Plaintiff to purchase in the name of a third party is the money that was temporarily transferred to the Plaintiff. Upon the Defendant’s request, the Plaintiff immediately received the said KRW 300 million from the Plaintiff and immediately transferred the said KRW 300 million amount, G

(2) The Defendant transferred the real estate development project to H around September 2012, the Plaintiff, I, and J.