1. Revocation of a judgment of the first instance;

2. As to the real estate stated in the attached list to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. B, in order to secure a claim for the purchase price of goods (hereinafter “instant claim for the purchase price of goods”) to be received from a stock company C (hereinafter “C”) on November 29, 2012, in relation to the instant real estate provided by the Plaintiff as security, B completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the debtor C and the mortgagee B.

C. B transferred the instant right to collateral security to the Defendant on December 6, 2012, and notified the Plaintiff of the transfer of the instant right to collateral security on December 18, 2012, and the Defendant completed the supplementary registration of the transfer of collateral security on August 2, 2013 on the ground that the instant right to collateral security was transferred.

[Ground of recognition] Facts without dispute, Gap evidence No. 3-2, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. On May 10, 2013, Plaintiff 1 (B) returned the goods corresponding to the portion exceeding KRW 80 million from C, and did not perform the written statement of performance, which was prepared to cancel the registration of creation of the instant neighboring mortgage instead of the establishment of the right to collateral security, in lieu of the establishment of the right to collateral security (Seoul Eth 302) owned by D. (2) The three-year extinctive prescription period is applied pursuant to Article 163 Subparag. 6 of the Civil Act to the instant goods payment claim, which is the secured claim of the instant right to collateral security (the instant right to collateral security), and the expiration of the three-year prescription period on November 18, 2015, which was expired since November 29, 2012 after the completion of the registration of establishment of the instant neighboring mortgage.

B. Defendant 1) received the instant claim from B lawfully, and did not participate in the preparation of the performance note as of May 10, 2013 asserted by the Plaintiff, and thus, the Plaintiff was not obligated to cancel the registration of establishment of the instant neighboring facilities. 2) B and C were continued until June 14, 2013.