1. The first instance judgment against the defendant shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3. The plaintiff.

1. Basic facts of the claim (1) The plaintiff 2017

6. 9. Co-Defendant D of the first instance trial, the Defendant’s husband, and the real estate indicated in the attached Form owned by the Plaintiff (hereinafter “the instant loan”) and Nonparty E and F, Nonparty E and F, with the land of KRW 484 square meters prior to G, 308 square meters of forest land (E ownership), 262 square meters prior to I, and 146 square meters of J forest (E and F joint ownership), and concluded the instant exchange agreement to mutually succeed to the obligations owed by each of the said real estate, as seen in paragraph (3) below.

(2) At the time of the exchange contract of this case, the registration of creation of a neighboring mortgage was completed with the maximum debt amount of KRW 31.2 million (the actual debt amount of KRW 2.6 million, but the Plaintiff notified D of the actual debt amount of KRW 2.2 million) and the lease deposit amount of KRW 5 million was entered into a lease contract with Nonparty M and the lease deposit amount of KRW 4.4 million per month.

On the other hand, the establishment registration of mortgage (hereinafter “instant collateral security”) was completed in the future of the NN association (hereinafter “N”) with the maximum debt amount of KRW 290 million (no confirmation of the actual debt amount).

(3) At the time of the instant exchange contract, the Plaintiff succeeded to KRW 67 million out of the amount of the collateral security (the instant exchange contract stated that “the amount of KRW 290 million is KRW 67 million if the collateral security was transferred to the land of KR) and D agreed to succeed to KRW 22 million of the collateral security amount of the instant loan (D known to the full amount of collateral security obligation of 22 million) and the deposit repayment obligation of KRW 5 million.

(A) If there is no evidence showing whether the above “Succession” is the acceptance of performance or the assumption of an obligation, it shall be deemed (4).