The part against Defendant B among the judgment of the first instance court is revoked, and the Plaintiff’s claim against Defendant B is dismissed.

Sub-section 1.

1. Facts of recognition;

A. On March 12, 2012, in order to secure loans to Defendant B, D Co., Ltd. entered into a mortgage agreement with the maximum amount of claims KRW 2,020,000,00 with respect to the land listed on the attached Table 1 (hereinafter “instant land”) owned by Defendant B, and completed the registration of the establishment of a mortgage on the instant land (hereinafter “instant collateral mortgage”). B. Defendant B transferred the ownership of the instant land (unregistered building, presented building, and buried underground object) to D Co., Ltd on March 12, 2012, and thereafter, the said Co., Ltd did not object to the said Co., Ltd.’s disposal or removal of the instant land at any time with respect to the exercise of the right to collateral on the instant land, and thereafter, the said Co., Ltd provided additional collateral to the said Co., Ltd., in the event of new construction of the instant land after the establishment of a collateral security right, and the said Co., Ltd.’s construction and disposal of each of the instant land (hereinafter “the instant land ownership”).

(c)

As Defendant B failed to pay the secured debt of the instant collateral, D Union applied for voluntary auction to Daejeon District Court Red support E on the instant collateral on the ground of the instant collateral security, and the said court decided to commence voluntary auction on October 30, 2017.

(d)

D. On December 28, 2017, the Association transferred F Asset Management Company the secured claim against the instant right to collateral security, and completed an additional registration on January 30, 2018 with regard to the instant right to collateral security.

E. On December 12, 2018, F Asset Management Company transferred to the Plaintiff the secured claim against the instant right to collateral security, and completed an additional registration of the transfer registration regarding the instant right to collateral security.

F. D. The instant case against Defendant B, which occurred on November 21, 2019 on the basis of the instant letter to the Plaintiff.