1. The part against Defendant B among the judgment of the first instance is revoked.

2. Defendant B Co., Ltd. shall be 30 million won to the Plaintiff.

1. Basic facts

A. The registration of the establishment of senior mortgage and the right to claim transfer of ownership on the instant building was completed 1) Defendant B Co., Ltd. (former trade name: C; hereinafter “Defendant Company”).

(2) On July 30, 2015, the Defendant Company completed the registration of initial ownership on the instant building on July 30, 2015. (2) On July 30, 2015, the Defendant Company completed the registration of initial ownership on the instant building: (a) on the part of the debtor with respect to the instant building, the registration of initial establishment with the mortgagee’s right to collateral security and the maximum debt amount as KRW 260 million, and (b) on the part of the mortgagee’s right to collateral security and the maximum debt amount as KRW 390,000,000,000.

3) On August 4, 2015, the Defendant Company: G, the representative director of the Defendant Company, was the representative director; H (hereinafter “H”)

(A) On July 30, 2015, the provisional registration of the right to claim transfer of ownership based on the purchase and sale reservation (hereinafter “provisional registration of this case”).

B. B. The Plaintiff’s lending of money to I and the registration of the establishment of a neighboring mortgage on the instant building was completed on September 1, 2015. (1) The Plaintiff, on September 1, 2015, set the Plaintiff’s loan at KRW 350 million to I, on October 31, 2015, at the interest rate of KRW 25% per annum, and at the interest rate of 25% per annum.

2) On September 1, 2015, the Plaintiff entered into a mortgage agreement with the Defendant Company, with the Defendant Company, the mortgagee of the right to collateral security, the Defendant Company, the mortgagee of the right to collateral security, and the maximum debt amount at KRW 420 million. On the same day, the establishment registration of the right to collateral security (hereinafter the above right to collateral security) was established with the content of the above right to collateral security, and the establishment registration of the right to collateral security (hereinafter the above right to collateral security) was registered,

3) Meanwhile, at the time when I borrowed money from the Plaintiff, the representative director of the Defendant Company and H’s representative director G prepared a written confirmation with the following contents (hereinafter “instant confirmation”) with I, and the name of each G is written in the column of the provisional registration authority and the owner column of the said written confirmation.