1. Of the judgment of the court of first instance, the part against the defendant regarding a claim for monetary payment is revoked, and the plaintiff falls under that part.

1. Basic facts

A. 1) On September 27, 2005, the Plaintiff and the Defendant had C as joint and several sureties and the Defendant jointly and severally guaranteed the borrower and the Defendant. The loan amount of KRW 200,00,000, interest rate of KRW 300,000, interest rate of KRW 360 per annum (36% per annum), interest rate of overdue interest rate of 66% per annum, and December 30, 2005, respectively, prepare “Agreement on Loan Transaction”. The Plaintiff borrowed the amount of the above loan amount after deducting the interest rate from the above loan amount to the Defendant in cash (hereinafter “instant loan”).

(2) On March 27, 2008, the Defendant and C drafted the following terms and conditions to the Plaintiff, and subsequently, on February 17, 2009, with respect to N,O, P, F land and buildings on the ground of sale and purchase on the Plaintiff’s land and its ground (hereinafter “Duri Real Estate”), including the Plaintiff’s registration of ownership transfer under the Plaintiff’s wife E’s name, the land and its housing (hereinafter “Duri Real Estate”) owned by the C for the registration of ownership transfer in the Plaintiff’s wife’s name, and KRW 320 million,00,000,000,000 won out of the purchase price, shall be sold to the Plaintiff as substitute for the Plaintiff’s succession to the secured debt of the mortgaged Real Estate established by D, and the remainder of KRW 270,000,000,000 shall be substituted for the principal and interest of the instant loan.

It is agreed that D's real estate will be ordered at any time upon the completion of the documents prior to the sale.

The loan obligations of this case remaining after the purchase and sale of DI real estate shall be repaid preferentially to the construction cost or replacement of the G building constructed by the Defendant.

Magreed

(3) On October 20, 2009, the Defendant: (a) on the security of the instant loan to the Plaintiff, the head of the Seo-gu Incheon Metropolitan City G Building H and I (hereinafter “G building real estate”) owned by the Defendant as the security for the instant loan; (b) on October 20, 2009.

The provisional registration of ownership transfer claim was completed on the same day, and the establishment registration of mortgage was completed on the same day, which was composed of Q25,000,000 (the maximum debt amount) of the mortgagee Q, R, the debtor, the defendant, and the maximum debt amount.