The part against the defendant in the judgment of the first instance shall be revoked.

The plaintiff's lawsuit against the defendant shall be dismissed.

1. Basic facts

A. Co-Defendant B Co-Defendant B (hereinafter “B”) in the first instance trial related to the parties is a company established for the purpose of housing construction project, etc., and the Defendant is the E’s spouse who is the representative director B.

B. Plaintiff B’s claim 1) around December 2006, the Plaintiff invested KRW 200 million with the purchase fund of 2,11 square meters in Ulsan-gun, Ulsan-gun, Seoul-gun, and B subsequently made payment to the Plaintiff in addition to the dividend equivalent to 50% of the said amount. (ii) On May 23, 2013, while the Plaintiff did not pay the said investment and dividend, the Plaintiff made an agreement with the Plaintiff regarding the payment method of the said investment, etc. (hereinafter “instant agreement”).

On May 27, 2008, the sum of the investment funds (200 million won) and dividends (100 million won) in B shall be KRW 300 million, and the interest rate shall be 4.5% per annum.

B By December 27, 2013, the said amount shall be repaid to the Plaintiff, and the interest amounting to KRW 75 million shall be determined by the due date (i.e., the fixed interest amount of KRW 50 million for KRW 200 million) (i.e., the fixed interest amount of KRW 50 million for KRW 100 million).

C. (1) The Defendant: (a) concluded a mortgage contract between B and the Defendant on November 10, 2017; and (b) on the ground that “the Defendant was leased KRW 400 million to B on May 23, 2008 by setting the interest rate of KRW 50 million per month; and (c) November 30, 2013, the due date for payment was determined and lent as of November 20, 2013,” which was owned as collateral for the foregoing loan claim, “Ysan-gun, Ulsan-gun 791 square meters” (hereinafter “instant land

3) As to the establishment of a mortgage contract, the mortgage contract is deemed to be a “mortgage contract”

(2) On November 20, 2017, on the instant land, the establishment registration of a mortgage (hereinafter “the establishment registration of a mortgage of this case”) consisting of the maximum debt amount of 350 million won and the establishment registration of a mortgage of this case (hereinafter “the establishment registration of a mortgage of this case”) is deemed as the “mortgage of this case” and the “mortgage of this case”

2) On February 26, 2018, B sold the instant land to G in KRW 350 million, and to G on April 2, 2018.