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. The Plaintiff lent to Defendant B the D Bank E account in the name of the Plaintiff (hereinafter “instant account”).

On April 22, 2015, Nonparty F wired KRW 3,655,00 to the instant account. Nonparty G wired KRW 450,000 to the instant account on July 7, 2015, and KRW 2,550,000 on September 2, 2015, Nonparty H wired KRW 2,50,000 on October 17, 2015, and Nonparty H wired KRW 13,000,000 on June 17, 2016 to the instant account, respectively. Nonparty G wired KRW 5,00,000 on November 11, 2015, Nonparty G wired KRW 10,000 to the instant account on or around October 10, 2016; Nonparty M wired KRW 10,000 on or around October 10, 206, around October 10, 207.

B. On July 10, 2015, the Plaintiff completed the registration of the transfer of ownership on the same date with the successful bid on the real estate listed in [Attachment List Nos. 1, 2015. On October 2, 2015, the Plaintiff completed the registration of the establishment of the right to collateral security, setting the maximum amount of claims for each of the above real estate at KRW 10,000,000, to Defendant C.

(c)

On August 31, 2015, the Plaintiff at a successful bid and completed the registration of transfer of ownership on September 2, 2015, on the same day. On September 4, 2015, the Plaintiff registered the establishment of the lower court’s right with the maximum amount of claims KRW 12,000,000, with respect to the said real estate as a result of a self-mortgage agreement on September 4, 2015.

(d)

On March 31, 2016, the Plaintiff: (a) awarded a successful bid for the real estate listed in [Attachment List No. 4], and completed the registration of the transfer of ownership on April 19, 2016; and (b) completed the registration of the establishment of the right to collateral security with respect to the said real estate at Defendant C, setting the maximum amount of claims at KRW 19,000,000.

E. The Plaintiff filed a complaint against the Defendants for false entry, such as fraud, fabrication of private documents, uttering of a falsified investigation document, and electronic records, and false entry into an electronic record as a false entry, etc. The Defendant B was charged with false entry into the facts charged as shown in the separate sheet by the Gwangju District Court 2020 High Court 1350 on Mar. 30, 2020, such as fraud, forgery of private documents, uttering of a falsified investigation document, and public electronic records, and committing criminal acts such as false entry into an electronic record, but the said court was charged with the Defendant B on Nov. 19, 202.