1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. Nonparty B completed, on March 15, 201, the registration of the establishment of a neighboring mortgage with respect to the real estate (the instant real estate) indicated in the separate sheet owned by him as the Seoul Western District Court, Yongsan District Court, the Yongsan District Court, 9827, which was received on March 15, 201, as the maximum debt amount of KRW 60,60,000,000, the debtor, and the mortgagee, the mortgagee, and the mortgagee, as the Defendant, and the registration of the establishment of a neighboring mortgage with respect to the real estate (the instant real estate) indicated in the separate sheet owned by him, as the Seoul Western District Court, the Seoul Western District Court, the debtor, and the mortgagee

(2) The first collateral security (hereinafter “the second collateral security”) and the second collateral security (hereinafter “the second collateral security”) in the order of each registration of creation.

B On April 15, 2011, after completing the registration of establishment of each of the instant units of the establishment, filed an application for individual rehabilitation with the Seoul Central District Court No. 2011, 31082, and the same year.

7. On 20. 20. The procedure was completed upon the dismissal of the application for commencing individual rehabilitation procedures.

C. The Plaintiff (Seoul Central District Court Decision 2012Da227434) filed a lawsuit against B seeking acquisition money by the Seoul Central District Court (Seoul Central District Court Decision 2012Da227434, and the said court rendered a judgment that “B shall jointly and severally pay to C Co., Ltd. and the Plaintiff the amount of KRW 60,321,756 and KRW 54,943,850 per annum within the limit of KRW 20% per annum from October 20, 2012 to the date of full payment.” The said judgment became final and conclusive on November 29, 2012.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 4 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. Although the gist of the Plaintiff’s assertion B did not bear the obligation against the Defendant, the obligation according to the authorization of the repayment plan was reduced after the commencement of the individual rehabilitation procedure, and the Defendant completed the registration of the establishment of a new collateral security establishment for each of the following areas.

Therefore, since the secured obligation of each of the instant mortgages does not exist smoothly, the Defendant as a creditor B.