1. Revocation of the first instance judgment.

2. The Defendant’s notary public against the Plaintiff on May 19, 2017, prepared on May 19, 2017.

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “instant company”) carried out the business of newly constructing electric power resource housing (hereinafter “instant electric power resource housing”) on the land F, G, and H in Gyeyang-gu Edong (hereinafter “Edong”). On June 10, 2016, the Plaintiff’s wife entered into a sales contract with the instant company with respect to the instant electric power resource housing No. 21.

B. On May 17, 2016, the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with respect to F and G out of the site for electric power resource housing project in the instant case was completed on May 17, 2016, the maximum debt amount of KRW 120 million, the debtor company in the instant case, and the mortgageeJ.

C. After the process of the instant electric source housing business, J, a purchaser of the instant electric source housing, and the mortgagee of the instant electric source housing, filed an application for voluntary auction based on the instant collective security right. On May 10, 2017, the decision to commence voluntary auction was rendered to K for Yangyang Branch of the District Court (hereinafter “instant voluntary auction”).

In order to withdraw the instant voluntary auction, L, M, N, plaintiff,O, P, and Q were prepared with J on May 19, 2017 by a notary public as to L, M, N, plaintiff,O, P, Q as the debtor and creditor of J, and the notary public as to No. 334 of the C Deed 2017 (hereinafter “notarial deed of this case”). Accordingly, J withdrawn the instant voluntary auction on the same day.

Article 1 (Purpose) The creditor lent KRW 130 million (130,000,000) to the debtor on May 19, 2017, and the debtor borrowed it.

Article 2 (Period and Method of Payment) The payment key shall be by August 15, 2017.

Article 3 (Place of Performance) The place of performance of an obligation under Article 4 shall be the domicile of the obligee.

Article 5 (Compensation for Delay) If the debtor delays the repayment of principal or interest, he/she shall pay damages for delay at the rate of 25% per annum for the delayed principal or interest.

Article 8 (Joint and Several Obligations) The obligors are jointly and severally liable.