1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. As to the land listed in the separate sheet (hereinafter “instant land”) on July 17, 2003, each ownership transfer registration was completed in the name of A on April 6, 2004 and April 7, 2004 on the grounds of sale on July 17, 2003.

B. As to the land of this case, the establishment registration of a mortgage was completed on August 25, 2004 on the ground of the contract concluded as of August 16, 2004, with the first priority priority of the debtor, the debtor, the mortgagee, the mortgagee of the collective security right (the trade name after the modification: hereinafter referred to as the "Korean Luxembourg") and the maximum debt amount of KRW 100,000,000,000, and the second priority of the establishment registration was completed on December 17, 2007, and second, on September 11, 2008 and September 3, 2008: the debtor, the mortgagee D, each maximum debt amount of KRW 24,00,000, 6,000,000, 45,000, 400, 400, 301, 301, 10, 2005, 301, 2001.

(hereinafter 5th priority mortgage) C.

Upon the request of a mortgagee D for auction, the Suwon District Court E with regard to the instant land (hereinafter “instant auction”) was conducted, and on December 20, 2016, the KRW 100,000,000 for the Hanpool Ports, D, and KRW 53,659,115 for the Defendant, who is the mortgagee of the instant case, was distributed to the Defendant, respectively.

A was declared bankrupt on January 10, 2017 by Suwon District Court 2016Hadan3686, and the plaintiff was appointed as the bankruptcy trustee of A.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. A around 2003, the Plaintiff purchased the instant land in KRW 140,000,000,000, and the principal paid KRW 40,000,000 and purchased KRW 100,000 from the Defendant.

The defendant has invested in 100,000,000 won in the land of this case.