1. The defendant's appeal and the plaintiff's claim extended in the trial are all dismissed.

2. After an appeal is filed.

1. Facts of recognition;

A. The Plaintiff filed a claim for reimbursement against B under the fidelity Guarantee Insurance Contract with the Seoul Central District Court Decision 2009Da315010, and was sentenced by the above court on October 13, 2009 to the effect that “B shall pay the Plaintiff KRW 40 million and its delay damages.” The above judgment became final and conclusive on October 30, 2009.

B. On February 3, 2012, the mother C (hereinafter “the deceased”) died on February 3, 2012. On February 3, 2012, C, the deceased’s heir D, children E, F, G, B, and A entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the content that each of the real estate listed in the separate sheet, which is the deceased’s inherited property, as the Defendant’s sole ownership (hereinafter “each of the instant real estate”), and completed the registration of the transfer of ownership in the Defendant’s name as the result of the said agreement division.

C. B was in excess of the obligation at the time of the instant division consultation, and among each of the instant real estate to be inherited from the deceased, B did not possess any property other than inheritance shares (two-thirds shares).

Meanwhile, as to each of the instant real estate at the time of the instant partition consultation, the Seoul Western District Court: (a) received on August 25, 2011, the registration of creation of a mortgage was completed on the basis of the maximum debt amount of KRW 221,00,000,000; and (b) the debtor, the Defendant, and the mortgagee of the non-Korean Saemaeul Community Depository (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based on November 26, 2014.

At the time, the secured obligation of the instant right to collateral security was KRW 170,938,490.

E. As of November 14, 2014, the appraisal value of each of the instant real estate conducted by the Defendant in the course of borrowing each of the instant real estate from a new bank was assessed as KRW 317,50,360.

[Grounds for recognition] The entry of Gap evidence Nos. 1-1-8 and the purport of the whole pleadings.