1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Determination as to the cause of claim

A. 1) The Plaintiff is a bank established pursuant to the Banking Act, and the co-defendant A of the first instance court (hereinafter “A”) is a certified judicial scrivener, and the Defendant is a corporation established pursuant to the Certified Judicial Scriveners Act.

B) Pursuant to Article 67 of the Certified Judicial Scriveners Act, where a member causes property damage to his/her truster on purpose or by negligence in performing his/her duties, the Defendant: (a) enacted a damage compensation mutual aid provision stating that “the amount of the said mutual aid amount shall be limited to KRW 200 million per member per year (Article 11(2) of the said provision)”; (b) A is admitted as a member of the Defendant’s damage compensation mutual aid association; and (c) the period of its subscription was set from April 1, 2014 to March 31, 2015.

2) On July 11, 2014, the Plaintiff entered into a loan transaction agreement with respect to lending KRW 252 million to B, as security, D Apartment-gu 106 Dong 302 (hereinafter “instant apartment”) owned by the spouse C (hereinafter “instant apartment”).

B) On July 16, 2014, the Plaintiff deposited KRW 251,925,000 remaining after deducting KRW 75,000 from the loan of this case to B’s deposit account. On the same day, the Plaintiff deposited the apartment of this case’s maximum debt amount in B with KRW 32,40,000,000, and completed the registration of creation of a neighboring mortgage with the debtor B and the mortgagee as the Plaintiff. 3) The Bank of Korea (hereinafter “Korea Bank”) Company B (hereinafter “Korea Bank”).

(2) The Plaintiff received the instant loan from the Plaintiff in order to repay the debt owed to the apartment mortgage loan against the Plaintiff, but the repayment of the loan to us (the debt balance to us at the time of the instant loan was KRW 260 million).

And the registration of the establishment of the neighboring mortgage.