1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 3, 2013, the Defendant entered into a lease agreement with F (H after the name of the opening) and G (I) by setting the lease deposit of KRW 180 million with respect to the instant real estate as between May 3, 2013 and the term of lease from May 4, 2013 to June 3, 2015, and obtained the fixed date on July 2, 2013.

B. D purchased the instant real estate from F and G on June 15, 2015, with a special agreement stating that “The amount of the contract shall be KRW 40 million and shall be replaced with the current lessee’s deposit for lease on a deposit basis.” The current maximum debt amount of the right to collateral security shall be redeemed on a balance date. The current lessee (Defendant) shall succeed to KRW 180 million as the buyer (D).”

D has completed the registration of ownership transfer on July 2, 2015.

C. On July 2, 2015, the debtor FF, which was established on the instant real estate, was cancelled, and on the same day, the establishment registration of the mortgage was completed near the debtor D, the mortgagee, the limited-liability insurance company, the maximum debt amount, 344,400,000.

On July 2, 2015, the Defendant transferred the instant real estate to another place, but again transferred the instant real estate on the 17th day after the 15th day of the same month, and did not obtain a fixed date.

On February 23, 2016, the Plaintiff had a claim for the purchase of goods against D and the N company operated by J of her husband, and completed the registration of the establishment of a mortgage on the instant real estate, which caused the Plaintiff, the obligor D, the maximum debt amount of KRW 90 million, as the secured debt.

E. On June 15, 2016, the Plaintiff filed an application for a voluntary auction of real estate with respect to the instant real estate in order to enforce the said right to collateral security E, and received a voluntary decision to commence the auction from the said court on June 16, 2016.

(F) On July 7, 2016, the Defendant is about KRW 180 million as a lessee in the instant voluntary auction case.