1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2. The defendant.

1. Facts of recognition;

A. When the Plaintiff extended a household general fund to A, the Plaintiff completed the registration of creation of a mortgage with respect to the real estate in the order of the second priority of A and A as the debtor on December 28, 2007 under the receipt of No. 42494 on Dec. 28, 2007, under the 42,000,000 won for the debtor and the maximum debt amount, and the registration of creation of a mortgage with respect to the real estate in the order of the second priority of A and A as the debtor on December 28, 2007 under the 42495 of the above court as the 84,000,000,000 won, and completed the registration of creation of a mortgage with respect to the real estate in the order of the new average development corporation (hereinafter “new development”), and completed the registration of creation of a mortgage with respect to the small and medium enterprise funds as the receipt of No. 1414, May 14, 2009.

B. On June 21, 2010, the Plaintiff submitted an application for auction with the claim amount of KRW 276,000,000 on the basis of each of the collective security interests of the first, second, and third collective security interests of the Daegu District Court Kimcheon Branch C. On June 21, 2010, the Plaintiff stated the debtor’s contents of the debtor’s and the secured claim amount of KRW 136,92,000,000, which is the total sum of household ordinary loans of KRW 136,92,055, credit card usage fees of KRW 160,000,000 and interest thereon of KRW 276,00,000.

On the other hand, on December 15, 2010, the Defendant requested the delivery of the amount of national taxes in arrears of KRW 117,546,310 (legal due date December 1, 2009).

C. However, on January 12, 2011, the Plaintiff submitted a statement of claim amounting to KRW 151,913,831 to an auction court, stating the details of the actual debtor and the secured debt amount as KRW 136,92,05 and interest 14,921,776.

On January 27, 2011, the auction court is the person having the right to deliver KRW 69,370,00,000, out of the amount to be actually distributed after deducting the auction expense from the date of distribution.