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 July 8, 2008, the Plaintiff deposited the custody of KRW 1 billion with C, and C voluntarily used the above money, and upon the Plaintiff’s request for the return of KRW 1 billion, C, on June 8, 2011, issued and delivered a notarial deed under a monetary loan agreement with a notary public to the Plaintiff on June 8, 2011, stating that “the Plaintiff provided a loan of KRW 1 billion to C by the due date until December 31, 2011, with the interest rate of KRW 12% (payment on every fourth day) fixed by December 31, 201.”

(hereinafter referred to as “instant notarial deed”). (b)

C On March 13, 2014, the Defendant entered into a mortgage agreement with the maximum debt amount of KRW 75 million with respect to the instant real estate, the mortgagee, the Defendant, and the debtor C (hereinafter “mortgage agreement”). On March 13, 2014, the Suwon District Court completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage”) with the Sungsung District Court No. 41476, Mar. 13, 2014.

C. Meanwhile, on November 23, 2011, C entered into a mortgage agreement with E as to the instant real estate as one’s relative, with the maximum debt amount of KRW 150 million, and on November 24, 2011, C completed the registration of establishment of a mortgage on the instant real estate. On November 24, 2011, the Plaintiff filed a lawsuit seeking revocation and cancellation of the registration of establishment of a mortgage on the ground that the said mortgage agreement was a fraudulent act with Suwon District Court 2012Gahap10402, and on October 19, 2012, the Plaintiff was finally and conclusively declared in favor of the Plaintiff.

On January 4, 2013, the Plaintiff, based on the above final judgment, cancelled the registration of the establishment of a neighboring mortgage on behalf of C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. 1) According to the facts acknowledged prior to the existence of the preserved claim, the Plaintiff has monetary claims based on the Notarial Deed against C at the time of establishing the instant mortgage contract.

B.As to this,