1. Revocation of a judgment of the first instance;

2. As to the case of the voluntary auction of the real estate B in Sung-nam District Court, Suwon District Court.

1. Basic facts

A. On June 10, 2010, the Defendant completed the registration of creation of a senior mortgage in the order of priority to the debtor C and the mortgagee C as the defendant with respect to the land of this case, the maximum debt amount of which is KRW 390,000,000, and the maximum debt amount of which is KRW 581,000,000.

B. As to the instant land on September 14, 2010, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “Plaintiff-mortgage”) with the maximum debt amount of KRW 300,000,000, and the debtor C and the right to collateral security (hereinafter “the right to collateral security”).

C. On October 14, 2010, F, who attempted to build loan on the instant land, forged the power of attorney to file an application for cancellation of registration in the name of the Plaintiff with respect to the right to collateral security by using the said power of attorney, etc. Around October 14, 2010, F, who used staff of a certified judicial scrivener office, applied for cancellation of the Plaintiff’s right to collateral security by using the said power of attorney. On October 18, 2010, the registration of cancellation of the right to collateral security was completed on the ground that the Plaintiff’s right to collateral

The highest priority mortgage on the defendant's name was cancelled due to the termination of November 9, 201.

E. On November 9, 201, when an aggregate building was newly constructed on the instant land, registration of preservation of ownership was made in the name C with respect to a house listed in the attached list among the above aggregate buildings (hereinafter “instant house”). On November 9, 201, the Defendant completed registration of creation of a collateral security (hereinafter “Defendant-mortgage”) with respect to the instant house, which is the maximum debt amount of KRW 156,000,000, the obligor E and the mortgagee as the Defendant.

F. On June 22, 2012, the Plaintiff was issued a provisional attachment order of KRW 200,000,000 for the instant housing as the Sungwon District Court Branch Branch 2012Kadan50397, and the provisional attachment registration was completed on June 25, 2012.

G. As the Defendant’s application, who is the mortgagee of the instant house, the said court B, and the said court B, held the instant auction procedure as to the instant house.

A. On February 6, 2014, the said court shall distribute dividends on the date of distribution of the instant auction procedure.