1. Revocation of a judgment of the first instance;

2. As to the case of the voluntary auction of D real estate in Changwon District Court Jinwon District Court D.

1. Basic facts

A. On April 2, 2019, Defendant FF association concluded a mortgage agreement in which the B was a partnership due to the merger, and the same applies (hereinafter referred to as “Defendant”). On March 15, 2016, Defendant FF association loaned KRW 80,000,00 to E on March 17, 2016, the maximum debt amount of which is KRW 104,000,000, and the housing building on the land (hereinafter “instant real estate”) owned by E, and “a mortgage agreement in which the debtor is a E”, and on March 16, 2016, the mortgage agreement in which the registration of the establishment of a mortgage in respect of the instant real estate was completed, and thereafter loaned KRW 80,00,000 to E on March 17, 2016.

hereinafter referred to as "first loan of this case". b.

The written contract to establish a mortgage of this case prepared between the defendant and E stipulates in Article 1 one of the specific collateral security, limited collateral security, and comprehensive collateral security as to the scope of the obligation, and E entered in the above column as the "limited collateral security."

On the other hand, in relation to the above contract, the obligor stated that “the limited collateral security” means all obligations to be borne at present and in the future due to the following transactions with respect to the principal branch of the obligee. However, E did not state any aspect in the column to describe the transaction type of the above limited collateral security:

C. After July 6, 2016, the Defendant performed a limited trading loan of KRW 30,000,000 on the lending limit to E.

hereinafter referred to as "second loan of this case" d.

On October 4, 2016, the Plaintiff completed the registration of creation of a mortgage on the real estate as the debtor E, the maximum debt amount of KRW 39,00,000, and the Plaintiff as the mortgagee of a right to collateral security.

E. In the auction procedure of the case of D's auction of real estate D' which was progress with regard to the instant real estate, the Defendant, based on the description of the claim, paid the principal amounting to KRW 86,598,151 (i.e., principal amounting to KRW 80,00,000,000), KRW 6,598,151 (i.e., principal amounting to KRW 6,598,151), KRW 32,507,903 (i.e., principal amounting to KRW 30,172,227 interest amounting to KRW 2,335,676), and KRW 39,00,000 as the details of the claim by the Plaintiff.