1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 163,445,567 won to the intervenor succeeding to the plaintiff and its corresponding amount.

1. Basic facts

A. On December 23, 2008, the Defendant entered into a sales contract between the Defendant and B and the partial rescission 1) The real estate listed in the separate sheet Nos. 1 through 5 (hereinafter “the first sale real estate”) with the Defendant on December 23, 2008, and the real estate listed in the separate sheet Nos. 3, 4, and 5 among the real estate is “the instant road shares.”

The sale of real estate was completed on January 5, 2009, and the registration of ownership transfer was completed on the first sale real estate B. After that, the Defendant thereafter completed the registration of ownership transfer on September 27, 2010, each of the real estate listed in the attached Tables 6 and 7 (hereinafter referred to as “second sale real estate”).

(2) On September 12, 2014, the Defendant filed a lawsuit against B on September 12, 2014, asserting that B did not pay KRW 100 million out of the price of the first sale real estate, and filed a lawsuit seeking the cancellation of the ownership transfer registration with respect to the instant road share.

(Y) On January 14, 2015, the above court rendered a judgment without holding any pleadings citing the claim. The above judgment became final and conclusive on February 5, 2015.

B. 1) B, a national bank (hereinafter “national bank”), a corporation, including the exercise of the right to collateral security and the suspension of the auction procedure

(2) On January 5, 2009, upon receiving a loan of KRW 2.5 billion from the security, B completed the registration of creation of a neighboring mortgage of KRW 3.25 billion with respect to the first sale real estate and the building on the ground. On the loan of KRW 2.15 million with the maximum debt amount additionally, on September 27, 2010, following the completion of the registration of creation of a new mortgage of KRW 2.275 million with respect to the shares of the instant road, the second sale real estate, and the building on the ground of the second sale, with the maximum debt amount of KRW 2.275 million with respect to the instant real estate and the building on the second sale, B failed to repay the loan after the completion of the registration of creation of a new mortgage of KRW 65 million, and the National Bank received a decision to commence auction on April 16, 2014 on April 14, 2014.

District Court. ...