1. The plaintiff's claim is dismissed.

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

Basic Facts

C is a personal construction business entity constructing loan and commercial buildings, etc., and the Plaintiff is a person who lends money to C, and the Defendant purchased the instant land from C on August 11, 2015, and the registration of ownership transfer as of September 4, 2015 received by the Ulsan District Court No. 197060 on September 4, 2015, and the registration of ownership transfer as of December 24, 2015 on the instant building was completed respectively.

C In July 9, 2014, the Plaintiff deposited KRW 90,100,000 on July 9, 2014, and KRW 63,77 million on July 17, 2014, respectively.

F (F) on December 24, 2014, concluded a sales contract with Ulsan-gun G land and its ground buildings in Ulsan-gun, Ulsan-gun, and completed the registration of ownership transfer on December 26, 2014 as the receipt of No. 178429 on the said land, and completed the registration of ownership transfer on the said building on December 29, 2014 as the receipt of No. 178307 on December 29, 2014.

On January 14, 2015, H (F’s husband) deposited KRW 66 million to the Plaintiff, while F deposited KRW 14 million to the Plaintiff respectively. On January 15, 2015, the Plaintiff deposited KRW 120 million to C, and C deposited KRW 70 million to the Plaintiff on February 17, 2015.

On April 7, 2015, the Plaintiff deposited KRW 130 million to C. On April 9, 2015, the Plaintiff cancelled the registration of the establishment of the first priority neighboring land (the maximum amount of claims KRW 143,00,000,000, the debtor C, and the Seoul Saemaul Savings Depository) and the registration of the establishment of the third priority neighboring mortgage (the maximum amount of claims KRW 91,00,000,000, the debtor C, and the mortgagee-mortgage-mortgage-backed Saemaul Savings Depository) on April 9, 2015, respectively.

The Plaintiff entered into a mortgage contract with C, and completed a registration of creation of neighboring mortgage (the maximum amount of claims KRW 65,000,000) as of April 6, 2015, as of April 6, 2015, pursuant to Article 66783, the Plaintiff entered into a mortgage contract with C, and completed a registration of creation of neighboring mortgage (the maximum amount of claims KRW 65,000,000) with respect to the instant land as of April 6, 2015. The Plaintiff entered into a registration of creation of neighboring mortgage (the maximum amount of claims KRW 65,00,000 on April 6, 2015) with respect to Article 501 of the 5th class of the 5th class of the building of Ulsan-gun-gun, Ulsan-gun, Ulsan-gun, as of April 9,