1. The plaintiff's primary and conjunctive claims are dismissed, respectively.

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

1. Basic facts

A. On February 27, 2013, D prepared and issued to the Plaintiff a certificate of loan, “principal: 70 million won: 6% per annum; and 200 million won per annum until August 31, 2013; the remainder of 500 million won until February 28, 2014; and completed the registration of the establishment of the neighboring mortgage, the Plaintiff, the Plaintiff of Jongno-gu Seoul Metropolitan Government C large-327.6m2 (hereinafter “instant land”). On April 1, 2013, D completed the registration of the establishment of the mortgage, the maximum debt amount of which is KRW 80 million, the debtor D, and the mortgagee of the right to collateral security.

(B) The registration of the establishment of a neighboring mortgage is “the establishment of a mortgage of this case,” and the right to collateral security established by the registration is “the right to collateral security of this case.”

D On November 30, 2015, with respect to the portion of 16/17/17 of the land of this case to the Defendant, D completed the registration of the right to claim transfer based on the purchase and sale reservation on November 27, 2015.

Afterward, on December 1, 2015, E completed the registration of ownership transfer based on donation with respect to one-seven percent of the land of this case to D, and the same month.

7. The defendant completed the provisional registration of the right to claim a transfer of shares based on a purchase and sale reservation on the third day of the same month.

(hereinafter the above provisional registration is referred to as “the provisional registration of this case”).

The plaintiff between D and D above.

After cancelling the registration of the establishment of a neighboring mortgage as stated in the port, D paid the Plaintiff KRW 411,00,000,000, and D agreed to complete the registration of the establishment of a mortgage for the security of KRW 290,000 in the balance of the borrowed money, after establishing the provisional registration of this case.

D paid KRW 411,00,000 to the Plaintiff on November 30, 2015. As to the instant land, the Plaintiff completed the registration of cancellation of the establishment of a mortgage on December 9, 2015, and D completed the registration of establishment of a mortgage on the following day, which is the maximum debt amount, KRW 300,000,000,000,000.

The Defendant completed the principal registration of transfer of ownership based on the provisional registration of this case on October 26, 2016 on the instant land, which was pending in the instant lawsuit on April 4, 2017, based on the final and conclusive judgment rendered on October 26, 2016.

[Ground of recognition] There is no dispute.