1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the above revoked part shall be dismissed.

1. Basic facts

A. The status of the parties H is the owner of 3,03 square meters (hereinafter “instant land”). The Defendant is the first-class mortgagee of the instant land, and the Plaintiff is the second-class mortgagee of the instant land.

B. On December 31, 2008, the Plaintiff: (a) between H and H around December 31, 2008; and (b) between H and H, the Plaintiff was registered with H as the Plaintiff’s children by sharing J, K, and L (hereinafter “M land”).

(2) On December 31, 2008, H sold the purchase price of KRW 550 million. Of the sales price, the remainder KRW 470 million was concluded on the date of the contract, and the remainder KRW 470 million was paid on February 28, 2009. On the same day, H was paid KRW 80 million from H deposit. H was allowed to borrow the construction fund of “Pmotour” under the construction fund of “Pmotour” under the construction of O-owned land as security. H borrowed KRW 40 million from the Defendant on December 31, 2008, and agreed to set up a collateral security right to the Defendant on the instant land and M-owned land as security, and completed the registration of establishment of a mortgage on each of the instant land as the debtor’s registration office of the Jeonju District Court on December 31, 2008 and the debtor’s registration office of the establishment of a mortgage on KRW 500 million (hereinafter “the maximum debt amount”).

3. In order to secure ownership of M on December 31, 2008 and a purchase price claim, etc. under the above sales contract, the Plaintiff entered into a mortgage agreement with H to establish a mortgage agreement with each of the instant land and M as a maximum debt amount of KRW 550 million, debtor H, and the Plaintiff as a mortgagee. Accordingly, with respect to the instant land, the Jeonju District Court No. 67716, Dec. 31, 2008, and M to the land.