1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 3, 1973, the Plaintiff completed the registration of ownership transfer on the instant real estate. After that, on June 28, 1996, the Plaintiff completed the registration of ownership transfer on the Defendant’s share of 4580 percent of the instant real estate. Accordingly, the Plaintiff and the Defendant were co-owners holding 4580 percent of each of the instant real estate.

B. As to the instant real estate, the establishment registration of a neighboring mortgage was completed on February 14, 2012, with the maximum debt amount of KRW 2.6 billion, the debtor C, and the debtor, the mortgagee, and the Hybag Capital Co., Ltd. on the ground of the termination on May 17, 2012, and the establishment registration of a neighboring mortgage was revoked on the ground of the termination on May 17, 2012. ② The establishment registration of a mortgage was completed on May 17, 2012, with the debtor corporation, i.e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the remaining agricultural cooperative. the Defendant.

C. On July 31, 2013, regarding the Plaintiff’s share of 4580/9160 of the instant real estate, the registration of creation of a neighboring mortgage (hereinafter “instant mortgage establishment”) was completed on the ground of a contract signed on July 11, 2013 with the Defendant as the maximum debt amount of 2.5 billion won, the obligor, the Plaintiff, and the mortgagee as the Defendant on July 11, 2013 (hereinafter “instant mortgage contract”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff and the Defendant extended loans to raise the business funds of the Plaintiff’s children C through their management companies.