A. On April 13, 2015, C agreed to transfer all of the shares of D Co., Ltd. (hereinafter “instant company”) to KRW 110 million between the Defendant and the Defendant, and agreed to the method of debt settlement as follows:

(hereinafter “instant transfer contract”) By April 14, 2015, C shall respectively invest KRW 110 million in order to normalize the management of the instant company, and the Defendant shall execute it in accordance with the emergency fund execution plan by inserting KRW 190 million.

The representative director (C) : The person who will be able to repay in the way of deducting benefits from the loan method of the transferee and the person who will be able to create a security by the method of deducting benefits from the loan method of the transferee, and the person who will be able to pay the repayment in the order of 44,405,731 won; the repayment in the order of 444,405,731 won

B. On April 13, 2015, the Defendant paid KRW 110 million to C the acquisition price under the instant transfer contract, and thereafter, paid the financial account under the name of the instant company.

4. 14.190 million won, and the same year.

4. 20.5 million won, and the same year.

4. 30.6 million won, and the same year.

5. 22. 56,247,932 won, and the same year;

5. 28. 61,500,794 were remitted respectively.

C. On June 12, 2015, on the other hand, the Plaintiff, as C, completed the registration of creation of each collateral security (hereinafter “instant collateral security”) on June 12, 2015 with respect to each real estate listed in the separate sheet, which is owned by the Plaintiff (hereinafter “instant real estate”). The registration of establishment of each collateral security (hereinafter “instant collateral security”) listed in paragraph (1) against the debtor C and the mortgagee as the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant transfer agreement was rescinded on August 19, 2015, and thus, the instant right to collateral security was invalid without any cause.

In addition, since the defendant did not lend the amount of the tax agreed to be lent to C, there is no secured obligation of the mortgage of this case.

Therefore, the defendant.