1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 10, 2014, C took out a loan of KRW 200 million at a F Association, and completed the registration of joint collateral mortgage and creation of superficies, which amounting to KRW 260 million, to the maximum debt amount, as to the amount of KRW 360 square meters of land D in Il-dong, Seoyang-gu, Seoyang-gu, Seoul and KRW 3024 square meters of land E (hereinafter “each of the instant land”).

B. On July 10, 2014, C completed the registration of the creation of a joint collateral security (hereinafter “instant collateral security”) causing KRW 280 million with respect to each of the instant lands to the Plaintiff.

C. On January 16, 2015, upon the Plaintiff’s request, a decision to voluntarily commence the auction on each of the instant lands was rendered.

(F) Goyang Branch G, hereinafter referred to as the “First Voluntary Auction”) d.

C Around January 5, 2016, the Plaintiff filed a counterclaim against the Plaintiff seeking the cancellation of the registration of creation of the creation of the instant neighboring district (Seoul District Court Decision 2016da70167, Jinyang District Court 2016Gahap74524). The Plaintiff also filed a counterclaim against C on September 5, 2016, seeking the payment of KRW 280 million and its delay damages (Seoul District Court High Court 2016Da85305, Goyang Branch 2016Gahap74531, Jyang Branch 2016).

(C) On January 15, 2017, the Plaintiff paid to the Plaintiff the amount of KRW 280 million per annum from June 25, 2014 to September 21, 2016 and KRW 15% per annum from the next day to the date of full payment. The Plaintiff received the said money from C, and then cancelled the registration of creation of a mortgage on the instant root, and the costs of the lawsuit are assessed against C by aggregating the principal lawsuit and the counterclaim. The above judgment became final and conclusive on February 15, 2017.

E. From August 5, 2014 to November 29, 2016, C disposes of six real estate, including H 261.4 square meters, in Yangyang-gu, Yangyang-gu, Yangyang-si, and on June 8, 2017, the land of this case is KRW 880,000,000,000,000,000 to the Defendant.