1. The plaintiff's claim is dismissed.

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

1. The facts subsequent to the basic facts are acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the evidence Nos. 1, 2, and 1, 2-3-1, 2, 14-6, 3-2 and 5.

A. On September 18, 2009, the Plaintiff borrowed KRW 50 million from Nonparty D, and completed the registration of the establishment of a mortgage over KRW 60 million with respect to the E forest land E (hereinafter “instant real estate”) in light name, with respect to KRW 10,091 square meters (hereinafter “instant real estate”). On September 24, 2009, the Plaintiff borrowed additional KRW 50 million from D on September 24, 2009, and additionally completed the registration of the establishment of a mortgage over KRW 60 million with respect to the instant real estate.

D on March 2012, 2012, after transferring each of the above collateral claims against the Plaintiff to the Defendant, it notified the Plaintiff at that time.

On April 17, 2012, the defendant completed a supplementary registration of the transfer of the right to collateral security with respect to each of the above right to collateral security.

B. The Plaintiff, as of March 16, 2012, prepared a loan agreement for consumption of money of KRW 100 million with the Defendant (hereinafter “the loan agreement of this case”) as of March 16, 2012, and concluded on April 17, 2012, the Plaintiff created a right to collateral security of KRW 120 million with respect to the instant real estate to the Defendant.

(B) On April 16, 2012, the Plaintiff issued a promissory note of KRW 30 million at par value with the Defendant as the addressee, and prepared and executed a notarial deed on the same day on the same day.

(hereinafter “instant promissory note Notarial Deed”). C.

Afterward, Nonparty 1 filed an application for the auction of the instant real estate with the Suwon District Court Ansan Branch C (hereinafter “the auction procedure of the instant real estate”), and on December 20, 2012, the said court drafted a distribution schedule that distributes KRW 100 million to the Defendant on September 18, 2009 and September 24, 2009, based on each of the collective security rights of September 24, 2009.

(hereinafter “instant distribution schedule”). The Plaintiff is the instant case.