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.

Basic Facts

The plaintiff is the spouse of C, and the defendant is the mother of C as the mother of C, and D is the spouse of the defendant.

Currently, between the plaintiff and C, the Seoul Family Court 2019dhap4908 is pending in divorce litigation.

On May 27, 2015, the Defendant, such as the money relationship between the Plaintiff, the Defendant and the Defendant, obtained a loan of KRW 500 million as security, from Gangnam-gu Seoul E Apartment F, which is owned D, and remitted KRW 500 million to the account under C on June 3, 2015.

Since then, from the account under C’s name on June 4, 2015 to the account under the Plaintiff’s name on June 4, 2015, KRW 350 million and KRW 100 million were remitted, respectively, from July 2015 to September 2016 (except for around March 2016 and around July 2016) to the account under the Defendant’s name.

On December 30, 2016, the Plaintiff and the Defendant, and Songpa-gu Seoul Metropolitan Government I Apartment Apartment J (hereinafter “instant real estate”), prepared a mortgage agreement with the creditor and the mortgagee, the debtor, and the maximum debt amount of KRW 500 million with respect to the instant real estate. On the same day, the Plaintiff completed the registration of establishment of a mortgage on the instant real estate due to the aforementioned mortgage agreement.

(B) On May 23, 2017, the Plaintiff, without the Defendant’s consent, revoked the registration of the establishment of the said mortgage in the name of the Defendant, which was the cause of the establishment of the said mortgage (hereinafter “instant mortgage contract”). On April 17, 2020, the Plaintiff appealed on the judgment of conviction on the charge of forging private documents (Seoul Eastern District Court 2019No1686) and continue to exist in the appellate trial.

On May 21, 2018, the Defendant filed an application for provisional attachment of 500 million won with the Seoul Central District Court 2018Kadan808907 with respect to the instant real estate owned by the Plaintiff, which was subject to the provisional attachment order on May 31, 2018, and on the same day, the instant real estate was subject to the provisional attachment order on the same day.