1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff’s loan claim 1 against C was requested to lend KRW 200 million from C for three months on August 10, 2010, and the Plaintiff paid KRW 190,000,000,000,000,000 calculated prior interest from KRW 10,000. 2) Thereafter, the appellate court (Seoul High Court 2015Na15438) of the case where the Plaintiff claimed payment against C of the above loan amounting to KRW 200,000 (Seoul High Court 2015Na15438) decided on January 28, 2016, and the above judgment became final and conclusive as is.

B. C entered into a sales contract between C and the Defendant on January 3, 2013, 2013, with the Defendant, as the Plaintiff-owned, is 14,730 square meters of land for D forest land and 990 square meters of land for E forest land (hereinafter referred to as “instant land”).

(2) On January 3, 2013, the date of payment, the date of transfer of ownership, and the date of sale of the purchase price (hereinafter “instant purchase and sale contract”) and sell the amount to the Defendant (hereinafter “instant sales contract”).

A) The instant land was previously purchased by C in the name of the Plaintiff, and the seller under the instant sales contract is indicated as the Plaintiff, but there is no dispute between the actual seller and C. (2) On the same day, the registration of transfer of ownership of the instant land was completed in the future of Defendant on the same day.

C. Insolvent C is currently insolvent in which the negative property exceeds positive property.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 5, 7, 9, 12 (including branch numbers for those with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant purchased the instant land from the Plaintiff C in KRW 220 million, but did not pay KRW 130 million out of the above purchase price until now (hereinafter “the instant purchase price”). As such, the Plaintiff sought payment of KRW 130 million to the Defendant in subrogation of the Defendant, who is a creditor against C, who is insolvent, on behalf of the Plaintiff, as a creditor against C., and accordingly, sought payment of KRW 130 million.

B. The defendant.