1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. 1) The details regarding the transfer of ownership of each real estate of this case are as follows: D 300 square meters in Seoul Special Self-Governing Province, Jeonbuk-gun, and the 4-story detached housing on its ground (hereinafter “each real estate of this case”).

(C) The Defendant, on April 2, 2013, purchased each of the above real estate in KRW 400 million from the Defendant on behalf of the said F, and KRW 220 million out of the above purchase price, was originally owned by F. C. The mortgage (hereinafter “mortgage”), which was established on each of the above real estate, in the name of the New Korea Credit Union (hereinafter “the instant mortgage”).

2) The Plaintiff agreed to accept the secured debt in lieu of the payment of the purchase price (hereinafter “instant First Sales Contract”).

(2) On July 1, 2013, C rejected the acquisition of the obligation subject to prior collateral security on the ground that the provisional attachment completed on June 28, 2013 with respect to each of the instant real property on the ground that the provisional attachment completed on each of the instant real property was not revoked.

3) On June 2014, when C refused to accept the secured obligation, the Defendant decided to re-purchase each of the instant real estate from C (hereinafter “instant secondary sales contract”).

(B) B. The Defendant borrowed KRW 90 million from the Plaintiff on June 19, 2014, the period of reimbursement of KRW 90 million on July 18, 2015, and KRW 900,000 per interest month, following the conclusion of the instant secondary sales contract. On the same day, C borrowed the said loan obligation from the Plaintiff as the obligor, the mortgagee, the Plaintiff, and the maximum debt amount (hereinafter “instant collateral”) to secure the Defendant’s above loan obligation.

(C) The registration of establishment was completed. After the auction of each real estate of this case, the Defendant’s voluntary auction on December 10, 2015 with respect to each real estate of this case (hereinafter “instant auction”) under the circumstances where the Defendant did not pay the purchase price to C under the second sale contract of this case.

The procedure was initiated, and the priority mortgage of this case was established in the above auction procedure.