1. The part of the first instance judgment against the Defendants shall be revoked.

2. As to real estate listed in Appendix 2:

(a) B;

1. Basic facts

A. The fraud B against the Plaintiff of the Codefendant B of the first instance trial (hereinafter “B”) obtained a loan from the Plaintiff on December 10, 2014 in the name of the Plaintiff but did not intend to pay the installment despite having been given a loan on the Plaintiff’s name, and the Plaintiff was urged to pay KRW 40 million as if the Plaintiff were to pay the installment. From December 16, 2014 to May 4, 2015, the defrauded acquired KRW 57 million from the Plaintiff on the pretext of the establishment, etc. of a corporation in the name of the Plaintiff.

B was sentenced to a final judgment of 4 years of imprisonment due to the above facts constituting the crime

[Plaintiff-Appellant Branch Decision 2015Da440 decided June 15, 2016; 2015 Godan457, 2015 Godan538, 2015 Godan921, 2015 Godan1088, 2015 Godan1208, 2015 Godan1209, 2015 Godan1270, 2015 Godan1270, 2015 Godan1288, 2016 Godan28, 2016 Godan144 decided September 21, 2016; Daegu District Court Decision 2016No2453 decided September 29, 2016]

B’s disposal disposition B against Defendant D on May 18, 2015 (hereinafter “instant building”) is a real estate listed in the attached Table 2 to Defendant D on May 18, 2015.

2) As to the mortgage contract regarding the maximum debt amount as KRW 100 million (hereinafter “mortgage contract of this case”).

2) On the same day, Defendant D entered into a registration of the establishment of a neighboring mortgage (Tgu District Court Branch of the Daegu District Court) on May 18, 2015, No. 48932, and hereinafter “registration of the establishment of a neighboring mortgage of this case”).

B) A disposition B against Defendant C was completed on June 26, 2015 with respect to the instant building, the provisional registration of the right to claim ownership transfer (No. 63789 of receipt on June 26, 2015, hereinafter “the instant provisional registration”) was completed on the ground of the trade reservation (hereinafter “instant trade reservation”) made against Defendant C on June 26, 2015.

C. B's property status while B's property status is above B.

There was no active property other than the instant building at the time of entering into a contract for establishing a mortgage and a pre-contract for sale.