1. Revocation of the first instance judgment.

2. The plaintiff's main claim is dismissed.

3.The preliminary claims added at the trial.

Basic Facts

On August 11, 2010, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with D, C (D and C) to sell housing and neighborhood living facilities at KRW 670 million (hereinafter “instant sales contract”). On August 11, 2010, the Plaintiff entered into a sales contract to sell housing and neighborhood living facilities at KRW 45 square meters, F,300 square meters, and KRW 1300,000,000,000.

The Plaintiff filed a lawsuit against D and C claiming part of the balance under the instant sales contract as the Seosan Branch of the Daejeon District Court 2016Gadan2125.

On February 7, 2017, the above court rendered a judgment that “D and C shall jointly and severally pay to the Plaintiff 146,876,030 won and KRW 96,856,603 won from September 8, 2015, KRW 50,019, and KRW 427 from June 29, 2016 to February 7, 2017, 6% per annum, and KRW 15% per annum from the next day to the day of full payment.”

D. C, however, has been repeatedly dismissed by appeal and appeal.

C, on September 23, 2016, concluded on September 23, 2016, a contract with the Defendant to set up a legitimate right of KRW 234 million with respect to the instant real estate owned by the Defendant as the maximum debt amount.

(hereinafter “instant mortgage contract”). On September 26, 2016, C concluded on September 26, 2016, the establishment registration of the instant real estate as the joint collateral by the Daejeon District Court was completed on September 26, 2016, under the Act No. 86988, the maximum debt amount of the instant mortgage contract, KRW 234 million, and the establishment registration of the collateral security right as the Defendant.

(hereinafter) The Defendant’s right to collateral security (hereinafter “instant right to collateral security”). The first priority right to collateral security (attached Form list) of the instant real estate is KRW 195 million with the maximum debt amount, KRW 195 million with the J maximum debt amount, KRW 2,000,000,000,000 against the mortgagee of the instant real estate, which is the mortgagee of the instant real estate, and KRW 325,000,000 won with the maximum debt amount, which is KRW 195,000 won.