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

The Defendant’s KRW 90,007,532 from the Plaintiff and its related thereto on April 2012.

Basic Facts

On January 6, 2010, the registration of ownership transfer was completed in the name of C with respect to the instant real estate as to the instant real estate.

On the same day, the Plaintiff borrowed KRW 230 million from the Defendant, and on January 6, 2010, on the instant real estate as security, the registration of creation of a mortgage (hereinafter “mortgage of this case”) was completed on the same day with respect to the instant real estate at issue with the Defendant, C, and the debtor as the maximum debt amount of KRW 283.2 million.

After April 26, 2013, the registration of ownership transfer was completed in the name of the plaintiff on the instant real estate.

On December 11, 2015, the Defendant filed a voluntary auction based on the instant collateral security with K with Seoul Western District Court, and the auction procedure for the instant real estate was commenced.

E 근저당권 서울 용산구 E 대 106m ^{2} 및 그 지상 건물(이하 토지 및 건물을 합하여 ‘E 부동산’이라 한다)에 관하여 2010. 1. 11. D 명의로 소유권이전등기가 마쳐졌고, 같은 날 근저당권자를 피고, 채무자를 D, 채권최고액을 2억 8,320만 원으로 하는 근저당권설정등기(이하 ‘E 근저당권’이라 한다)가 마쳐졌다.

On February 27, 2012, the registration of creation of a mortgage was cancelled, and instead, the registration of creation of a mortgage was completed near the creditor G, debtor D, and maximum debt amount of KRW 420 million on the same day.

On April 24, 2013, the registration of ownership transfer was completed in the name of the plaintiff.

On February 24, 2012, the Plaintiff paid KRW 300 million to the Defendant on February 24, 2012.

On February 24, 2012, the Plaintiff filed a complaint against F, the representative director of the Defendant, on the ground that the Defendant filed an application for voluntary auction based on the instant collective security, despite the extinguishment of all the secured debt of the instant collective security, by paying KRW 300 million to the Defendant on February 24, 2012.

On February 29, 2016, it is difficult for the prosecutor of the Seoul Western District Prosecutors' Office who has investigated this.