1. The part against the defendant B in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant B is dismissed.

2...

1. Facts of recognition;

A. The Plaintiff’s loan credit against D from July 12, 2005 to D in the same year

9. A total of KRW 175,761,200 was loaned and received a partial repayment of principal and interest. As of January 21, 2008, a loan claim of KRW 134,440,659 was owned.

Then, the Plaintiff received a partial repayment of principal and interest from D until November 1, 2010, and held 82,024,677 won as of the same day. The Plaintiff filed a lawsuit against D with D for a loan claim amounting to KRW 201,1357. The said court rendered a judgment on December 20, 201, that “D shall pay to the Plaintiff 82,490,198 won and its 82,024,67 won with 5% per annum from November 2, 2010 to December 30, 2011, and 20% per annum from the next day to December 30, 2011” (hereinafter “instant judgment”). The said judgment became final and conclusive on December 1, 2012.

B. D’s act of disposal of the instant real estate by the obligor D around April 23, 2010, borrowing KRW 36,000,000 from Defendant B, and setting the maximum debt amount as KRW 36,00,000 regarding the instant real estate between Defendant B and Defendant B (hereinafter “instant first contract”).

(2) On the same day, D, around August 30, 2010, borrowed KRW 30,000,000 from Defendant B with respect to the instant real estate from Defendant B, concluded a mortgage agreement with the Seoul Central District Court, which set forth the maximum debt amount as KRW 30,000,00 (hereinafter “instant second agreement”), and completed the registration of establishment of a neighboring mortgage as of the said real estate on the 31st of the same month as of August 31, 2010 by the receipt of the said registry office as of August 31, 2010.

3. Meanwhile, D borrowed the sum of KRW 51,570,000 from Defendant C during the period from August 23, 2006 to September 19, 2012, between Defendant C and Defendant C around January 4, 2013.