1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is revoked.

1. Basic facts

(a) D Co., Ltd. (hereinafter referred to as “D”);

A) On the ground of 84,526m2 on July 2007, 2007, Seocheon-si Egymna-gu, Seocheon-si, Seocheon-si, which is equipped with a golf practice range, a water wave park, a physical training center, and an indoor skiing ground (hereinafter “instant sports center”).

(2) On October 25, 2006, D newly built and opened and operated a new business, and D entered into a service contract for the development of C Computer Programs to perform affairs such as product registration, sales management, membership registration, accounting management, etc., with the determination that D owns, and thereafter installed and used the program developed by the said company (hereinafter “instant computer program”) in the computer room server of the instant sports center.

3) D Each of the movables listed in the Schedule 1. Attached Table 1 (hereinafter “each of the movables of this case”) in the sports center of this case, such as a golf range, a wave, and an indoor skiing ground, etc.

B) The Defendant’s acquisition of the instant sports center through the public auction procedure. D obtained a loan of KRW 130 billion from H, AA organization, and AB (hereinafter “SU”) on October 16, 2007 (hereinafter “instant loan”). At that time, H was entrusted land and buildings owned by D in the instant sports center to I Co., Ltd. (hereinafter “I”), and the lender was designated as the first priority beneficiary (hereinafter “first priority beneficiary”).

(2) As D fails to repay the instant loan, D’s public auction procedure was conducted by I on land and buildings within the sports center of this case (hereinafter “instant public auction procedure”).

) The Defendant (former trade name: J Co., Ltd. 2, August 28, 2009) and the Defendant (former trade name: 2,97.94/7/2,000 of the site of the I Co., Ltd and the sports center in this case) in the above public sale procedure.