1. Of the judgment of the court of first instance, the part of the claim for cancellation of registration of the establishment of a mortgage shall be revoked, and dismissed;

2...

After the progress and remand of the lawsuit, the Plaintiff sought a judgment as stated in the purport of the claim against the Defendant in the first instance court, and the first instance court rendered a judgment in favor of the Plaintiff regarding the instant building that “The mortgage agreement concluded between the Defendant and C on October 30, 2013 regarding the instant building shall be revoked only on the part exceeding the maximum debt amount of KRW 2,059,348,009. The Defendant rendered a judgment in favor of the Plaintiff that partially favorable to C regarding the procedure for changing the maximum debt amount of the registration of creation of a neighboring building that was completed as of October 30, 2013 pursuant to the Daegu District Court No. 14528, Oct. 30, 2013 as to the instant building to KRW 2,059,348

The plaintiff appealed to the part against the plaintiff among the judgment of the first instance, and the defendant appealed to the part against the defendant.

Before remanding, on January 28, 2015, this Court received the Plaintiff’s appeal and rejected the Defendant’s incidental appeal, and rendered a judgment prior to the remanding of the first instance judgment, which is modified as stated in the purport of the claim.

The Defendant appealed against the judgment prior to remand, and concluded the purport of appeal, and appealed to the effect that “the judgment prior to remand is changed to the judgment of the first instance.”

The defendant did not appeal against the rejection of incidental appeal among the judgment prior to remand, and only the part which was additionally lost compared to the judgment of the court of first instance. Accordingly, the part in favor of the plaintiff among the judgment of the court of first instance against which the defendant did not appeal is not subject to the judgment of the court of first instance.

On November 29, 2018, the Supreme Court accepted the Defendant’s appeal, and rendered a judgment of remanding the case that “the part accepting the Plaintiff’s claim in excess of the winning part of the judgment of the first instance is reversed, and that this part of the case is remanded to this court.”

Therefore, the scope of the judgment of this court after remand is the Plaintiff of the first instance judgment, which was the subject of the judgment of the court of final appeal.