The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is a regional housing association established in Seongdong-gu Seoul Metropolitan Government to implement the new construction and sale of multi-family housing, etc., and the Defendant is a member of the Plaintiff.

B. On April 3, 2014, the Plaintiff and the Defendant concluded a pledge agreement on the right to claim the payment of deposit money of KRW 300 million, which is part of the dividends to the Plaintiff (hereinafter “instant claim”), out of KRW 43,982,9,515, which was deposited by the Korea Land Trust Co., Ltd. with the Seoul Eastern District Court No. 4099 (hereinafter “Seoul East District Court”) (hereinafter “instant pledge”). On the same day, the Defendant’s claim against the Plaintiff, which is secured by the said pledge, against the Plaintiff, was notified to the Republic of Korea on the same day.

C. On June 2015, the Defendant transferred to the Hanyang Development Co., Ltd. (hereinafter “Korea Yangyang Development”) all the rights [including the land price for the apartment that the Defendant received from the Plaintiff, etc., and all the rights and the damage claim against the third party in the Seoul Eastern District Court No. 2009Kadan8292, D, and E (including the right to claim payment of deposit money for the above cases)] relating to the payment of the purchase price for the apartment land in accordance with the Defendant’s joining agreement with the Association. On June 24, 2015, the Defendant notified the transfer of the above assignment to the Republic of Korea.

On November 1, 2016, the Defendant received dividends of 300 million won as the pledgee in the distribution procedure (Seoul Eastern District Court F) for the said deposit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendant asserted that the secured claim in this case was transferred to Hanyang Development, but 300 million won was distributed. The Defendant, the pledgee, who transferred the secured claim, collected the secured claim in this case, which was the object of the pledge, did not have any legal grounds in relation to the Plaintiff, which is the pledger of this case and the creditor of this case.