1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 7, 2015, the Plaintiff entered into a sales contract with C on September 7, 2015, setting the remainder amount of KRW 200,000,000 for the instant real estate owned by the Plaintiff, as KRW 177,00,000 for the down payment, and KRW 23,00,000 for the remainder (hereinafter “instant sales contract”).

B. Of the down payment of KRW 177,000,000, the Plaintiff and C agreed to substitute for the acceptance of the secured debt of the right to collateral security established on the instant real estate by C. Accordingly, the down payment to be actually paid by C was KRW 23,00,000.

C. On the date of the contract, the Plaintiff entered into a mortgage agreement with the Defendant, with the maximum debt amount of KRW 100,000,000 regarding the instant real estate, and with the debtor C (hereinafter “mortgage agreement”). On September 8, 2015, the Plaintiff completed the registration of establishment of a mortgage over the instant real estate to the Defendant on September 8, 2015.

In this process, C and D have prepared and awarded to the Defendant a loan certificate of KRW 100,00,00,00 for the borrower, C and the surety.

The Defendant lent KRW 55,00,000 to D on September 7, 2015, and D paid KRW 23,000,000 among them to the Plaintiff as the down payment under the instant sales contract.

E. As D and C did not pay any balance under the instant sales contract to the Plaintiff, the Plaintiff notified C of the cancellation of the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 8-3, Eul evidence 7, Eul's witness C's partial testimony, the purport of the whole pleadings

2. The plaintiff's assertion

A. C and D, from the beginning, did not have a genuine intent of C to purchase the instant real estate from the Plaintiff and register for the transfer of ownership, only by deceiving the Plaintiff as if they were to purchase the instant real estate for the purpose of borrowing the money as collateral, thereby allowing C and D to establish a collateral on the instant real estate to the Defendant.

The defendant knew or could know the above deceptive act of C and D, such as being well aware of the insolvency status of D.