1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The court of first instance accepted the Plaintiff’s primary claim against the Defendant and A as stated in the above claim and rendered a judgment that accepted the Plaintiff’s primary claim against the Defendant, but that rejected the Plaintiff’s primary claim against the Defendant.

As to this, since only the defendant appealed on the part of the plaintiff's conjunctive claim against the defendant, the court shall decide only on the conjunctive claim against the plaintiff against the defendant.

2. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance except that part of the reasoning of the judgment of the court of first instance is modified as stated in the following Paragraph 3 (Provided, That among the reasons of the judgment of the court of first instance, the part which is not the scope of the judgment of this court (other than the part related to the plaintiff's primary claim against the defendant and A) such as the stated in Paragraph 1 of the above "paragraph 1" (excluding the part related to the plaintiff's primary claim against the defendant and A)

3. Parts to be dried;

A. The part of “9,719 square meters of woodland 9,719 square meters (hereinafter “Yong-gun Forest”) in the 18th place of the judgment of the court of first instance is written as follows: “No. 23 square meters of woodland 9,719 square meters of woodland 9,719 square meters (Ga No. 23; hereinafter “Yyeong-gun Forest”) in Gyeonggi-gun, Yangyang-gun.”

B. Article 11 of the first instance court’s decision No. 11 provides that “The conclusion of the instant contract to establish a mortgage constitutes a fraudulent act; the conclusion of the instant contract to establish a mortgage constitutes a fraudulent act (see, e.g., Supreme Court Decision 2009Da90047, Jan. 28, 2010).”

(c) Forms 7 through 15 of the decision of the first instance shall be followed by the following parts:

B) As to this, the Defendant did not jointly guarantee the Defendant’s obligation to the Plaintiff, at the time of concluding the instant mortgage contract, C itself has not jointly and severally guaranteed the Defendant’s obligation to the Plaintiff.