1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The following facts may be found either as a dispute between the parties or as a whole as to the entries in Gap evidence 1 to 6 and Gap evidence 9 (including branch numbers), respectively.

On January 15, 2010, the Plaintiff (former name: E) lent KRW 35 million to C by the due date on February 25, 2010.

B. On February 28, 2011, C entered into a mortgage agreement with the Defendant, who is one’s own partner, regarding each of the instant real estate and the land in Sungnam-si, with the maximum debt amount of KRW 400 million, and the debtor C and the mortgagee as the defendant (hereinafter “mortgage agreement”). Accordingly, on March 2, 2011, C completed the registration of creation of a neighboring mortgage (hereinafter “the registration of creation of a neighboring mortgage”) with the Suwon District Court No. 9835, Jun. 2, 2011, with respect to each of the instant real estate.

C. On May 24, 201, the Plaintiff brought an action against C seeking the payment of the above loan, as the Plaintiff was unable to receive the above loan from C.

Seoul District Court 201Gadan29795 (Woo-nam Branch of Suwon District Court 201Da2703) was implemented as an ordinary litigation proceeding.

[D] D.

In the instant case, on August 12, 2011, between the Plaintiff and C, “C shall pay KRW 30 million to the Plaintiff, and shall be paid KRW 10 million each 12th day of November 12, 201 through January 12, 2012, in three installments. If C delays payment, C shall lose the benefit of the installment and the time limit, and shall pay the unpaid amount and the damages for delay calculated at the rate of 20% per annum from the day following the day of loss of the benefit due to the installment to the day of full payment.” The adjustment was concluded that “C shall waive the remainder of the claim.”

E. On June 11, 2012, C sold each of the instant real estate to H and I, and on July 3, 2012, C completed the registration of ownership transfer of each of the instant 1/2 shares based on the said sale.

(f)in this regard;