1. In the case of permanent residence between the Defendant and D, the sales contract concluded on October 4, 2018 with respect to E-road 57.3 square meters is revoked.

2...

1. Basic facts

A. On January 15, 2016, the Plaintiff, including the Plaintiff’s occurrence of claims against D, lent 400 million won to D as of January 15, 2021. To secure this, the Plaintiff set up a collateral security right of KRW 520 million with respect to F land and its ground, G land, and its ground buildings (hereinafter collectively referred to as “each of the instant real estate,” and when referring to individual real estate, referring to its parcel number) at the time of permanent residence owned by D as of the same day.

The Plaintiff intended to set up a right to collateral security on the E-road 57.3 square meters (hereinafter “instant road”) at permanent residence owned by D, which was used as access roads to each of the instant real estate, on the ground that D intended to contribute the said road to permanent residence. However, the Plaintiff did not set up a right to collateral security on the ground that D intended to contribute the said road at the

B. (1) After the progress of the real estate auction procedure, as D did not pay interest, the Plaintiff applied for the auction of the real estate of this case with the claim amount of KRW 370,404,566 on January 4, 2018, and on January 5, 2018, the auction of the real estate of this case was commenced as H on January 5, 2018.

(2) The appraisal value of the instant F land and building was KRW 220,29,00, and the appraisal value of the instant G land and building was KRW 222,225,60,00. However, on August 20, 2018, the appraisal value of the instant G land and building was examined on the first sale date, and on September 17, 2018, the second sale date (154,209,000, the minimum sale price of the instant F land and building; KRW 155,58,000,000) was examined on October 15, 2018.

(3) The Plaintiff determined that there was no access road to each of the instant real estate as above, and held that there was no access road to the pertinent real estate. After securing the title to D, the Plaintiff filed an application for voluntary auction on October 2, 2018 for the purpose of consolidating the instant land and the instant road, which is an access road to each of the instant real estate.