1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following order of payment shall be revoked.

1. The facts under the basis of facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 3-1 to 3, and 4, with a comprehensive view to the purport of the entire pleadings.

On August 13, 2002, the establishment registration of a collateral security was completed in the name of the debtor D, the maximum debt amount of 1,885,000,000 won in the case of the 501 unit (hereinafter “instant store”).

On September 13, 2002, the Defendant purchased the instant store and completed the registration of ownership transfer on September 13, 2002, and acquired the debt of loans, which is the secured debt of the above-mortgage, and completed the registration of change of the right to collateral security with the debtor as the defendant on September 23,

On March 29, 2004, the Plaintiff entered into a contract with the Defendant to lease the instant store at KRW 390,000,000 for the lease deposit, and from April 25, 2004 to April 25, 2009 for the lease period (hereinafter “instant lease contract”).

In the instant lease agreement, the Plaintiff, instead of paying the monthly rent, agreed to pay on behalf of the Plaintiff the interest on the above loan obligation owed by the Defendant to the payment of the monthly rent, and directly pay to the Defendant that the remainder is the monthly rent, excluding the amount paid.

By May 10, 2004, the Plaintiff paid to the Defendant the full amount of KRW 390,000,000 for the lease deposit, and the Defendant completed the registration of establishment of the right to collateral security of KRW 390,000 for the instant store on May 7, 2004 to secure the return of the lease deposit.

However, after March 2005, the Plaintiff did not pay the above interest on the loan, and it filed an application for voluntary auction of the instant store with the Suwon District Court Sungnam Branch E on the grounds of the Defendant’s delinquency in paying the principal and interest of the loan.

The Plaintiff purchased the instant store in the said voluntary auction procedure (hereinafter “instant auction procedure”) and completed the registration of ownership transfer on June 15, 2006.