1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the corrected portion of the distribution schedule below shall be revoked.

1. Basic facts

A. On March 13, 2012, the Plaintiff signed the loan certificate (No. 1; hereinafter “the loan certificate of this case”) stating that “I will pay the above amount to the borrower by September 13, 2012, the Plaintiff signed the loan certificate (No. 1; hereinafter “the loan certificate of this case”) and received KRW 2,7860,00 from the Defendant to the account in the name of the Plaintiff.

B. On March 13, 2012, the Plaintiff completed the registration of the establishment of a mortgage holder and the maximum debt amount of KRW 35 million with respect to the G Daepo-si 232.3 square meters (hereinafter “instant site”) and the registration of the establishment of a mortgage over the Defendant of the collective security holder and the maximum debt amount of KRW 10268,000.

C. On February 21, 2013, the Defendant received KRW 20 million from F as the repayment of the instant loan.

Since then, the procedure for the auction of real estate (hereinafter “instant auction procedure”) was commenced as the Gwangju District Court Branch C and D (Joint). On January 28, 2016, the Gwangju District Court rendered a distribution schedule that distributes KRW 21,070,200 to the Defendant, who is the mortgagee, on the date of distribution of the instant auction procedure open on January 28, 2016 (hereinafter “instant distribution schedule”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. On August 31, 201, Plaintiff 1 purchased the instant site from F through a licensed real estate agent E on August 31, 201, and thereafter offered to E and F with regard to the fact that the said site was purchased at a price of at least KRW 100 million, and in return, the said E and F returned the purchase price of KRW 30 million to the Plaintiff.

The Plaintiff, upon signing the instant loan certificate, paid KRW 30 million to the Plaintiff, and believed that the Plaintiff would be responsible for the said loan certificate, and received KRW 278.6 million from the Defendant after signing the loan certificate on the borrower’s column.