1.The judgment of the first instance shall be modified as follows:

In the lawsuit of this case, the contract to establish a mortgage is revoked and related thereto.

1. Basic facts

A. On August 2, 2012, the Defendant completed the registration of the establishment of a neighboring mortgage as the Defendant on August 1, 2012 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on the ground of the contract to establish a mortgage (hereinafter “instant mortgage contract”) on August 1, 2012.

B. On February 14, 2013, the Plaintiff filed an application for provisional attachment against C with respect to the instant real estate with respect to the claim amounting to KRW 1,090,000,000 for the instant real estate from the Seoul Eastern District Court (Supreme Court Decision 2013Kadan978). On the same day, the provisional attachment registration for the instant real estate was completed due to the said provisional attachment order.

C. After that, at the request of the Korean Bank and the Korean National Bank, the real estate auction procedure regarding the instant real estate was initiated in the above court D and E (Dupl). In the above voluntary auction case, the above court, on March 7, 2014, distributed the remaining KRW 15,318,718, excluding the amount distributed to the mortgagee 1 through 5,000 won out of KRW 1,320,727,951, which is the date of distribution, in the order of the Defendant, who is the mortgagee, and completed a distribution schedule (hereinafter “instant distribution schedule”).

The plaintiff appeared on the date of the above distribution, and raised an objection to the whole amount of dividends to the defendant, and filed the lawsuit of this case within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The Plaintiff’s assertion: (a) joined three circles organized by C; (b) paid the sum of KRW 1,090,000 from January 201 to December 24, 2012 to C in total; and (c) accordingly, C has a claim equivalent to KRW 1,110,000,000, such as a deposit and a deposit refund claim.

The defendant is a relative with the former husband of C.