1. Of the judgment of the first instance court, the part that became final and conclusive by the judgment of remand (Supreme Court Decision 2015Da11113 Decided July 9, 2015) is excluded.

1. The court of first instance dismissed the Plaintiff’s request (the Suwon District Court Yangyang Registry (the registration procedure for cancellation of the registration of cancellation of the establishment registration of a mortgage completed by No. 1911, Jan. 19, 2010), and the Plaintiff appealed against the judgment of the court of first instance.

The judgment of the court prior to remand was partially accepted by the plaintiff's appeal, and the part of the claim for the execution of the procedure for the cancellation of the registration of the establishment of a mortgage on shares of 11,033/12,364 among the real estate listed in paragraph (1) of the attached Table No. 1 of the judgment of the court of first instance was dismissed. The part of the claim for the execution of the procedure for the cancellation of the registration of the establishment of a mortgage on each real estate of this case was accepted, and only the defendant appealed against the part against the defendant in the judgment of the court prior to remand

Therefore, among the judgment of the court before remanding, the part of the claim for the execution of the procedure for registration of cancellation of the registration of establishment of a neighboring mortgage on the portion of 11,033/12,364 shares of the real estate listed in the attached Table No. 1 in the attached Table No. 1 was separated and finalized, and the scope of the trial after remand is limited to the part against the defendant among the judgment of the court before remanding (see, e.g., Supreme Court Decision 2011Da31706, Feb.

A. On December 31, 2009, the Plaintiff agreed to borrow KRW 400 million from the Defendant to offer a security to the Defendant to secure its obligation. Accordingly, on January 18, 2010, the Plaintiff concluded a mortgage contract with a maximum debt amount of KRW 480 million, the mortgagee, the Defendant, and the Plaintiff, which are the Plaintiff, with respect to each of the instant real estate, and terminated the instant mortgage as to each of the instant real estate in the future of the Defendant.

B. On December 31, 2009, the Defendant lent KRW 337 million to the Plaintiff with respect to the operation of the Plaintiff Company, as well as the amount of KRW 250 million on October 4, 2010, KRW 100 million on Nov. 2, 2010, KRW 100 million on Nov. 2, 2010, and December 12, 2010.