1. The judgment of the court of first instance is modified as follows.

The Seoul Northern District Court C real estate rental auction case.

1. Basic facts

A. On July 22, 2014, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the Plaintiff: (a) established a collateral security on July 18, 2014, based on which the Seoul Northern District Court received the Dongdaemun District Court’s receipt of the Dongdaemun District Court’s 50903, the maximum debt amount of KRW 135 million; and (b) the Defendant, the debtor, the Plaintiff, and the debtor, as a contract to establish a contract on July

(hereinafter “instant collateral security”). B.

The Defendant filed an application for voluntary auction of the instant real estate with Seoul Northern District Court C on the instant collateral security, and received a decision to commence voluntary auction from the said court on August 3, 2016.

(hereinafter “Voluntary Auction of this case”). 【No dispute exists, Gap evidence Nos. 2 and 3, Eul evidence No. 5, and the purport of the whole pleadings.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Plaintiff, through G, intended to borrow KRW 120 million from the Defendant’s husband, who is the Defendant’s husband, through G, and set up the instant mortgage with the maximum debt amount of KRW 135 million as a security for the said loan. E did not pay only the remainder after paying the maximum debt amount of KRW 12.5 million. Since the Plaintiff fully repaid the Defendant or E with the full amount of KRW 12.5 million, the Plaintiff seeks confirmation that there does not exist any secured debt claimed by the Defendant in the instant voluntary auction, which was claimed by the Defendant for which the Defendant applied for the instant voluntary auction. 2) With respect to the Defendant’s complaint filed by H corporation, which is substantially operated by F, the Defendant’s husband, by acquiring KRW 590 million from the Defendant’s husband, he received KRW 12.5 million as the Defendant’s criminal agreement on July 18, 2014 and voluntarily withdrawn the Defendant’s complaint.

The instant right to collateral security was established to secure the above criminal agreement amount of KRW 120 million and KRW 15 million that the Defendant lent to the Plaintiff and G.

The amount of KRW 10 million repaid by the Plaintiff on May 19, 2015 is related to the above criminal agreement and loans.