1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The reason why the court stated this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, it shall be cited in the summary under the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of parties' arguments;

A. Plaintiff 1) The Plaintiff and the Defendant agreed to pay KRW 1.5 billion out of the purchase price to the Plaintiff by the Defendant, on behalf of the Plaintiff, if the Plaintiff completed the registration of the establishment of a neighboring mortgage in the name of the Defendant with respect to each of the instant real estate owned by the Plaintiff. Accordingly, even when the registration of the establishment of a neighboring mortgage in this case was completed, the Defendant did not pay the Plaintiff the said KRW 1.5 billion. The Defendant did not pay the secured debt of the instant mortgage in this case, or the contract to establish a mortgage relation to the registration of the establishment of a neighboring mortgage in this case (hereinafter “instant secured mortgage contract”).

(2) As such, the Defendant received dividends of KRW 960,705,788 without any legal ground in the auction procedure of this case, since the secured claim of this case was nonexistent or the secured claim of this case was revoked.

Of the instant dividend table, the amount of dividends against the Defendant shall be revised to KRW 0.0.

B. Pursuant to Defendant 1’s sales contract, the Plaintiff borrowed 4 billion won as collateral each of the instant real estate and acquired the said debt by the LABC. The Plaintiff decided to substitute for the payment of the remainder of the purchase price to the Plaintiff of the LABC Cargo Terminal in lieu of the payment of KRW 4 billion to the Plaintiff.

However, each real estate of this case could not be executed with a loan of 4 billion won.

Upon receipt of a request from the plaintiff and the plaintiff, the defendant provided the real estate which the defendant, the representative of the plaintiff, agreed to purchase from the plaintiff as a joint collateral for the above 4 billion won loan.

As to the above water guarantee.