1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the selective principal claim added by this court are dismissed.

2...

The first instance court, which dismissed both the plaintiff's main claim and the defendant's counterclaim, and only the plaintiff appealed against the main claim, the scope of the judgment of this court is limited to the main claim.

Basic Facts

The reasons to be stated in this part are as stated in the corresponding part of the judgment of the first instance, except in the case where the 5th judgment of the first instance is deemed to be “Defendant”. Thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

As the Plaintiff’s assertion on the claim of this case paid F with the sum of KRW 250 million, including the transfer price and expenses stipulated in the claim of this case, F shall transfer the instant right to collateral to the Plaintiff. At least KRW 250 million paid to F and KRW 150 million guaranteed by F shall be paid to the Plaintiff.

On the other hand, although F was transferred KRW 1,480,000 from the Nonghyup Asset Management Company to KRW 1,480,000,000,000 and the above money received from the Plaintiff, it was well known that F, in collusion with the Defendant, created a false claim and set up a pledge right on the instant mortgage in the name of the Defendant, prior to the Plaintiff, and even though F and the Defendant did not in collusion with the Defendant, the Defendant, even though he was aware of the existence of the instant mortgage acquisition agreement, was subject to a pledge infringement upon the Plaintiff’s preferential right to payment by actively participating in F’s breach of trust and by actively participating in F’s breach of trust, or ② H concluded the instant loan agreement for the purpose of seeking the interest of F, regardless of its own or a third party’s profit, regardless of its abuse of power of representation or power of representation.

Therefore, the pledge contract between F and the defendant is null and void as it is an abusive act, such as false conspiracy, anti-social legal act or power of representation, etc.