1. Revocation of the first instance judgment.

2. As to each real estate listed in the separate sheet to the Plaintiff.

1. Basic facts

A. The deceased A (hereinafter “the deceased”) owned each real estate listed in the separate sheet (hereinafter “the instant real estate”). As to the instant real estate in order to secure the obligation against C, the deceased completed the registration of creation of a neighboring mortgage (hereinafter “the instant neighboring mortgage”) with the maximum debt amount of KRW 25 million, the debtor, the deceased, and the mortgagee C, as the head of Chuncheon District Court Decision 56397, Sept. 28, 2006, which was received on September 28, 2006.

B. On July 29, 2009, C prepared a conclusive claim transfer contract with the effect that the secured claim of the instant right to collateral security (hereinafter “instant claim”) is transferred to the Defendant, and notified the Deceased, and on the same day, C completed additional registration with respect to the transfer of the instant right to collateral security to the Defendant on the same day.

C. Meanwhile, on January 17, 2014, C transferred the instant claim against the Deceased to D again, and notified the Deceased thereof on or around January 20, 2014.

The Deceased died during the instant lawsuit, and the Plaintiffs, the inheritor of the Deceased, took over the legal proceedings.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. In full view of the following circumstances acknowledged by the facts without dispute, Gap evidence 2, 14, and 15, and the witness M's testimony and the entire purport of the pleading, it is reasonable to deem that the assignment of claims and the transfer of mortgage in this case between C and the defendant is null and void as a false declaration of agreement.

① The Defendant is the Republic of Korea.

② The Defendant appeared as a witness in Chuncheon District Court case No. 2015Dadan763, the Defendant loaned money to others and received the right to collateral security under the name of the Defendant while keeping and using the account and seal in the name of the Defendant. Since C has been in charge of the mixed management, the Defendant was established in the name of the Defendant.