A. On February 23, 2015, the Plaintiff entered into an exchange contract (hereinafter “instant exchange contract”) with respect to H28,828 square meters of land owned by the Plaintiff (hereinafter “the Plaintiff’s real estate subject to exchange”) in Seocheon-gun, Chungcheongnam-gun, Seocheon-gun, Chungcheongnam-gun, the deceased, and 1,645 square meters of land and 1,645 square meters of land and 1,042 square meters of land owned by the deceased, and buildings on its ground (hereinafter “real estate subject to exchange”).

B. At the time of the instant exchange contract, the registration of creation of a neighboring mortgage, which is the debtor, the deceased, and the mortgagee of the right to collateral security, was completed with respect to the deceased’s real estate subject to the exchange. Of the deceased’s real estate subject to the exchange, the registration of creation of a superficies was completed with respect to the area of 1,645 square meters of the above 1,645 square meters of the land.

Accordingly, at the time of the instant exchange contract, the Plaintiff and the Deceased stipulated a special agreement to the effect that “When cancelling the registration of collateral security and superficies creation on the deceased’s real estate subject to exchange, the registration of ownership transfer on the Plaintiff’s real estate subject to exchange shall be completed” (hereinafter “instant special agreement

C. By March 11, 2015, the Deceased failed to cancel the registration of establishment of the right to collateral security and superficies established on the deceased’s real estate subject to exchange. On the same day, the Deceased paid only KRW 60 million out of the secured debt amount of KRW 110 million to the Plaintiff on the same day, and the Deceased prepared a loan certificate stating that “50 million shall be repaid until April 11, 2015” (hereinafter “the loan certificate of this case”).

Since then, on the ground of the instant exchange contract, the head of Daejeon District Court, the Port Registry of the Daejeon District Court, on March 16, 2015, the registration of ownership transfer was completed under the name of the deceased as of March 16, 2015, and the registration of ownership transfer was completed under the name of the Plaintiff as of March 16, 2015, respectively.

E. At the time of the deceased’s death.