1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 12, 2006, the Defendant: (a) lent KRW 4.5 billion to B Co., Ltd. (hereinafter “B”) on June 12, 2006, with a fixed interest rate of KRW 3.66% plus the base interest rate for the extension period (hereinafter “the first credit transaction agreement”); and (b) completed the registration of creation of mortgage on the part of the Defendant (hereinafter “first collateral security”) on the same day, with respect to each real estate listed in the separate sheet on the same day (hereinafter “each of the instant real estate”).

B. On August 9, 2007, the Plaintiff leased the building listed in paragraph (4) of the attached Table No. 4 from B with the lease deposit of KRW 1.5 billion, monthly rent of KRW 40 million, and the lease term of KRW 50 million from September 23, 2007 to September 22, 2008. The Plaintiff completed the registration of establishment of a neighboring mortgage, which is the debtor, B, and the Plaintiff-mortgage, as the secured claim for the refund of the lease deposit, with regard to each of the instant real estate as the secured claim.

C. Upon the expiration of the credit period of the first credit transaction agreement on June 12, 2009, the Defendant: (a) determined the amount of KRW 4.5 billion to B on June 10, 201, plus 3.23% to the base interest rate; and (b) lent a substitute loan at 21% per annum on a maximum of 3.23% per annum for delay.

(hereinafter referred to as the “Secondary Credit Transaction Agreements”) D.

On June 30, 2009, the Defendant lent KRW 450 million to B, on December 30, 2009, at a fixed interest rate of 7.5% per annum, and at a rate of 17.5% per annum (hereinafter “third credit transaction agreement”) on June 29, 2009, the Defendant completed the registration of creation of mortgage (hereinafter “third-class collateral security”) with respect to each of the instant real estate on June 29, 2009, the maximum debt amount of KRW 585 million per annum, B, and the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “third-class collateral security”).

E. Each of the instant real estate was sold to G, etc. in Seoul Northern District Court F real estate auction case, and the said court held on September 28, 2010.