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1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and all of the plaintiff's claims corresponding to the revocation part shall be revoked.
Reasons
1. Basic facts
A. The status of the parties C and the co-defendant D in the first instance trial (hereinafter “D”) are married and wife, Defendant E is the shape of Defendant C, Defendant F is the female of C, and H is the mother of D.
B. (1) On November 7, 2005, the Plaintiff drafted a lease agreement in which the period of lease is KRW 250 million from December 30, 2005 to December 30, 2010, on which the lessor is H, and the lessor’s agent was D as to the J building located in Suwon-gu I (hereinafter “J building”) where the ownership transfer registration was completed in the name of C, D, and H on November 7, 2005.
(2) The Plaintiff occupied and used J building 201 from December 30, 2005, when full payment of the instant lease deposit was made.
(3) On December 9, 2010, immediately before the expiration date of the lease term of this case, the auction procedure was initiated upon application by the Korea Community Credit Union of Seocho-gu, the mortgagee, and the Plaintiff purchased on January 31, 2012 J building 201 and completed the registration of ownership transfer in its name.
C. C’s disposal act (1) from August 12, 2003 to November 5, 2004, borrowed a total of KRW 467,90,000 from Defendant F. As a security on December 24, 2007, it concluded a mortgage contract with Defendant F with regard to each of the 5/20 shares of the respective real estate listed in the separate sheet (hereinafter “instant real estate”) owned by C as KRW 700,000,000,000 for each of the 5/20 shares owned by C, and Defendant F completed the registration of the establishment of a neighboring mortgage as of December 27, 2007, with the Suwon District Court Ansan-si Branch of the Suwon District Court, the registration office of the establishment of a mortgage was received on December 27, 2007.
(2) On December 26, 2001 and April 12, 2005, C borrowed a total of KRW 386 million from Defendant E. On November 30, 2008, C entered into a mortgage contract with Defendant E with a maximum debt amount of KRW 300 million as to each of the five-half percent shares of the instant real estate as collateral, and Defendant E entered into a mortgage contract with Defendant E with a maximum debt amount of KRW 30 million.