1. All of the lawsuits for retrial of this case shall be dismissed.

2. The costs of retrial are assessed against the Defendant (Counterclaim Plaintiff, Plaintiff for retrial).

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

Basic Facts

1) The Defendant, around 2003, is the Seoul Special Metropolitan City Gwanak-gu Seoul Special Metropolitan City 330 square meters (hereinafter “instant site”).

3) On the ground, “D building” (hereinafter “D building”) which is a multi-household housing is located on the ground.

(2) On July 24, 2003, the Defendant borrowed 100 million won from the Plaintiff’s deceptive act, and completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage of this case”) on the site of this case, in order to secure the loan from the Plaintiff’s deceptive act, the maximum debt amount of KRW 130 million, the mortgagee F, and the debtor’s debtor.

3) On May 30, 2004, the Plaintiff and the Defendant, the first floor I (hereinafter “HP”) of HPL owned by the Plaintiff, Seoul Special Metropolitan City, Nowon-gu.

(2) As to the sales amount, KRW 150 million (hereinafter “instant sales amount”)

(4) On June 19, 2004, the Defendant entered into a pre-sale agreement with each of the instant real estate, including the instant real estate, in order to secure the payment of the instant purchase price, and completed the registration of ownership transfer to the Defendant on June 30, 2004. On July 6, 2006, the provisional registration of the instant real estate was completed on the ground of the pre-sale agreement on June 21, 2006 with respect to the Plaintiff on the instant real estate.

5) On October 29, 2009, the Defendant sold D building M to P at KRW 163 million, and P paid KRW 110 million out of the purchase price on November 6, 2009 to the Plaintiff on November 6, 2009. To secure the remainder of KRW 53 million, on November 20, 2009, completed the registration of creation of the right to collateral security with the remainder of KRW 53 million and the right to collateral security with the Plaintiff as the mortgagee. 6) The Plaintiff received from P on November 6, 2009 the payment of KRW 110 million from P on November 6, 2009, and the registration of the establishment of the right to collateral security of this case was based on termination.