The judgment of the first instance court is modified as follows. A.

Defendant B shall pay KRW 392,313 from the Plaintiff or Defendant C.

1. Basic facts

A. On December 18, 2007, D Co., Ltd. (hereinafter “D”) completed the registration of the establishment of a mortgage (hereinafter “mortgage of this case”) with respect to the real estate listed in the separate sheet (hereinafter “each real estate of this case”) as the Busan District Court No. 70094, Dec. 18, 2007, which was received on December 18, 2007, with respect to the registration of the establishment of a mortgage (hereinafter “mortgage of this case”).

B. On February 13, 2013, the Plaintiff, representing Defendant C, entered into a contract with Defendant B on the transfer of the instant collateral and the secured claim (hereinafter “instant transfer contract”). On February 20, 2013, the Plaintiff completed the registration of the Busan District Court that held the mortgagee B as Defendant B on the ground of the instant transfer contract, and the registration of transfer of the right to collateral security was completed on February 20, 2013 as the receipt of the instant transfer contract.

(hereinafter “The instant registration of transfer of a right to collateral security” (hereinafter “the instant registration of transfer”). The principal of the certificate of transfer or acquisition of the right to collateral security (Defendant C) concluded a contract with the obligor D, Dong-gu Busan Metropolitan City, Seoul, with the maximum debt amount of KRW 400,000,000 on December 18, 207, and subsequently acquired the right to collateral security and completed a registration with the Busan District Court’s registration No. 70094 on December 18, 2007, and transferred to Ha (Defendant B) the claim amounting to KRW 400,000,000 of the principal’s claim incurred against the said debtor as well as the said right to collateral security.

C. On the other hand, on October 16, 2019, Defendant C entered into a transfer agreement with the Plaintiff regarding the instant right to collateral security and notified D of the content of the said transfer agreement on the same day.

Defendant C, the transferor of the right to collateral security transfer contract, shall transfer the instant right to collateral security to the transferee of the right to collateral security to the Plaintiff immediately after the cancellation of the registration of Busan District Court and the registration of collateral security transferred to Defendant B, which was completed on February 20, 2013 with respect to each of the instant real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 16 respectively.