The judgment of the first instance shall be revoked.

With respect to the auction of real estate in Incheon District Court C and G (Dual).

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1, Gap evidence No. 4, Eul evidence No. 1, Eul evidence No. 2, and Eul evidence No. 2, and there is no counter-proof.

On May 13, 2010, Nonparty D completed the registration of ownership transfer on the ground of sale by voluntary auction on September 8, 2004 with respect to the land of this case (hereinafter “instant land”).

B. On May 13, 2010, Nonparty D borrowed KRW 400,000,00 from the Defendant to the Defendant, the father of the Defendant, and Nonparty D borrowed KRW 400,000 from the Defendant to the effect that he/she consented to the change of the obligee of some of the amount of money borrowed from Nonparty F (hereinafter referred to as “instant agreement”), and Nonparty D borrowed from the Defendant to the effect that the maturity shall be determined on June 30, 2010.

C. On May 14, 2010, the Defendant: (a) registered the establishment of a mortgage on the instant land to Nonparty D, the debtor, and the mortgagee as the Defendant on the ground of the contract to establish a contract with the Incheon District Court No. 23815, May 13, 2010, under Article 23815, as the receipt of the Busan District Court’s Branch Branch Kimpo Office; and (b) registered the establishment of a mortgage on the instant

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”) D.

On February 2, 2017, the Plaintiff completed the registration of creation of a mortgage on the instant land by Nonparty D and the Plaintiff as the mortgagee on the ground of the contract under Article 7336 of the Incheon District Court’s Branch Branch Kimpo-si, Kimpo-so, which was 90,000,000 won for the maximum debt amount, and the debtor, Nonparty D and the Plaintiff as the mortgagee.

E. The Defendant applied for the voluntary auction of the instant land on June 8, 2017 upon the registration of the establishment of the instant neighboring land, and the Busan District Court rendered the voluntary auction decision on June 9, 2017 at the auction of real estate C and G (Dupl) (hereinafter “instant auction”).

F. On February 22, 2018, the executing court: (a) KRW 400,000,000 to the Defendant at the instant auction; and (b) KRW 0 to the Plaintiff, respectively.