2. The costs of lawsuit shall be borne by the Plaintiff.

A. On November 22, 2013, the Defendant entered into a sales contract with C on each real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”) and completed the registration of ownership transfer on December 2, 2013.

B. The Defendant did not pay C KRW 180 million out of the instant purchase price. Accordingly, the Defendant issued two promissory notes, respectively, with the date of November 30, 2013, which indicated on June 30, 2014 as the date of payment, as the face value of KRW 50 million, and the date of payment, as the date of June 30, 2015.

On the other hand, on December 18, 2013, the Plaintiff, a creditor of C, completed the registration of creation of a collateral security (hereinafter “instant collateral security”) which causes KRW 180 million to the debtor, the creditor, and the maximum debt amount, as to the instant real estate.

C. On July 31, 2014, the Defendant paid KRW 45 million to the Plaintiff.

Meanwhile, the registration of creation of the instant right to collateral security was cancelled on July 31, 2014 due to termination on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3 through 6, Eul evidence 2, the purport of whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff transferred KRW 180 million out of the purchase price bonds of this case from C, and completed the registration of creation of the instant collateral with the secured claim. However, the Plaintiff did not have received reimbursement of the secured debt from the Defendant, and did not possess promissory notes issued by the Defendant up to the present day. In addition, since the registration of establishment of the instant collateral security was cancelled without the Plaintiff’s intention, the Defendant was not obligated to implement the procedure for recovery registration, and there was no fact that the Plaintiff received KRW 130 million from the Defendant around February 2014, and there was no receipt (Evidence 1).

45 million won paid by the Defendant to the Plaintiff on July 31, 2014 is KRW 200 million issued by the Defendant.