1. Revocation of a judgment of the first instance;

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. C’s acquisition of ownership and the Plaintiff’s establishment of a mortgage 1) purchased the instant real estate from D on November 28, 2010 with KRW 14 million, and completed the registration of ownership transfer on its own name on December 29, 2010. At the time of the above sales contract, the instant real estate was established with a right to collateral security with KRW 59 million for C and the Plaintiff on December 29, 2010, on December 24, 2010, the Plaintiff concluded a contract to lend the instant real estate to C on December 29, 2010 with a maturity of KRW 59 million as of December 29, 2013, the Plaintiff completed the registration of establishment of a mortgage on December 29, 2010 in the name of the mortgagee, the debtor, C, the maximum debt amount, KRW 70 million, and the Plaintiff’s registration of establishment of a mortgage 1 in the name of the National Bank immediately.

B. On November 22, 2010, D’s 1 and 2 contracts and acquisition of opposing power is a lease agreement with the content that D’s lease of the instant real estate from December 20, 2010 to December 19, 2012 (hereinafter “Contract 1”). D’s lease of the instant real estate from December 20, 2010 to December 20, 2012.

(2) On November 22, 2010, the term of a lease contract (hereinafter referred to as “second contract”) was written from C to December 30, 2012, stating that “The right to collateral security of 50 million won is established with the maximum debt amount, the real estate of this case is being traded and purchased, and the new lessor is expected to obtain a loan of 60 million won from 50 million won to 60 million won, and the confirmed debt amount is to be entered after confirmation of the certified copy of the register,” and that “The lease contract (hereinafter referred to as “second contract”) was written from C to December 30, 2012.