1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. On April 2013, the Plaintiff lent KRW 100 million to C, and completed the registration of the establishment of a mortgage in the name of the Plaintiff on the loan of KRW 201, 202, and 402 owned by C, Dobong-gu Seoul Metropolitan Government.

B. Upon the Plaintiff’s application for a voluntary auction on the above three loans, C intended to raise repayment funds by disposing of the commercial buildings Nos. 401, 402, 403, 404, 405, and 406 (hereinafter “instant commercial buildings”) on the ground of Namyang-si, the spouse of E.

C. The Defendant: (a) leased Nos. 405 and 406 among the instant commercial buildings, and operated a private teaching institute; (b) intended to purchase all of the instant commercial buildings, but the provisional attachment registration of the Bank was completed on the date of the sale, thereby making the sale free.

Accordingly, the Defendant acquired the right to collateral security, which is 97,500,000 won of the maximum debt amount set forth in C and the instant commercial buildings, from the mortgagee G, and applied for a voluntary auction and received a direct bid for the instant commercial buildings.

Accordingly, the Plaintiff, the Defendant, G, and C agreed on the following terms (hereinafter “instant agreement”), and G transferred to the Defendant the right to collateral security to the Defendant.

- The mortgagee G will transfer to the Defendant the claim on the collateral security amounting to KRW 92 million.

- The defendant shall pay G KRW 70 million to G, and shall pay the remainder of KRW 22 million to the plaintiff.

-C shall pay to G in the future the remainder of KRW 5.5 million (i.e., KRW 97.5 million - KRW 92 million) and KRW 29.5 million in total.

E. The Defendant applied for a voluntary auction to the instant commercial buildings using the acquired collateral security right claim and received a successful bid of 402, 405, and 406 among the instant commercial buildings. Therefore, the Defendant is obligated to pay KRW 22 million to the Plaintiff according to the instant agreement.

2. The written evidence Nos. 2 and 3 of the judgment unit Nos. 2 and 3 is insufficient to acknowledge the existence of the instant agreement as alleged by the Plaintiff, and it is otherwise recognized.