Of the judgment of the court of first instance, the part exceeding the following order for payment shall be revoked, and the revoked part shall be revoked.

1. Basic facts

A. On October 27, 2008, the decision to commence the auction procedure regarding the real estate owned by the original Defendant’s mother-friendly C, the mother of the original Defendant, and the decision to commence the auction procedure on October 27, 2008, with respect to the O large of 690.8 square meters (hereinafter “K real estate”).

On August 1, 2011, the Plaintiff filed a petition for adjudication to sentence a mother-friendly C as an incompetent on August 1, 201, the Incheon District Court Branch of the Incheon District Court (201Mo600).

B. On January 4, 2012, C offering physical collateral completed the registration of the establishment of a mortgage over the Defendant, the mortgagee, the HB association, the maximum debt amount of KRW 910 million, and the maximum debt amount of KRW 910 million, with respect to the Defendant, Seongdong-gu Seoul (hereinafter “G real estate”) owned by C, in order to secure the Defendant’s obligation to repay a loan to H association (hereinafter “Defendant’s loan”).

C. On June 11, 2012, the Defendant acquired the ownership of K real estate by paying the proceeds of KRW 145,680,068,00 in accordance with the decision of permission for sale as the highest bidder at the auction procedure for K real estate on June 11, 2012.

On June 25, 2013, the Busan District Court rendered a judgment that C is a quasi-incompetent on June 25, 2013.

On April 25, 2014, the defendant prepared a statement of performance containing the following contents (hereinafter referred to as "statement of performance") and delivered it to the guardian D of the quasi-incompetent C by a notary public who was notarized by R 2014 No. 682.

The full payment of capital gains tax that occurred after the sale of the land in Seocheon-gu, Seocheon-gu, Seocheon-gu, U.S. C is a performance angle.

C’s subrogation and death C of G real estate collateral obligation on August 2, 2016, on behalf of the Defendant, paid the Defendant a loan of KRW 750,000,000 to H Association and KRW 7759,129,000,000,000,000 to the Defendant, and died on January 14, 2018.

The plaintiff and the defendant jointly succeeded to C.

[Grounds for Recognition] There is no dispute, Gap Nos. 1, 2, and .