1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a spouse D’s representative director, who was a company that manufactures and sells construction materials, and was dissolved as of December 11, 2017 (hereinafter “non-party company”). The Defendant is a company that engages in interior and retail business, such as interior terms, furniture, floor, and main wholesale and retail business.

B. On August 30, 2011, the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage”) against the Seocho-gu Seoul Metropolitan Government E Apartment F (F), which was owned by the Plaintiff, was completed in the amount of KRW 360 million with the maximum debt amount, KRW 360 million with respect to the establishment of a mortgage against the Defendant, the Defendant, and the mortgagee G Co., Ltd. (hereinafter

C. On April 5, 2013, the Plaintiff sold H and I a purchase price of KRW 940 million to H and I. On May 16, 2013, the Plaintiff completed the registration of ownership transfer with respect to each of the shares of KRW 1/2 in H and I. On the same day, H were issued two copies of the KRW 100 million check at face value as of May 15, 2013 and one copy of the KRW 97 million check (hereinafter “each of the instant checks”).

The back of each of the checks of this case is written with H's name written with H as a beneficiary, and below, the defendant's trade name is written with a sign and seal affixed by the defendant, and below the plaintiff's name is written with a sign and seal affixed by the defendant.

E. On May 16, 2013, each of the instant checks was used to repay the secured debt when the establishment registration of the instant mortgage was completed. On the same day, the registration of cancellation of the establishment registration of the instant mortgage was completed.

F. Meanwhile, on May 14, 2013, the Defendant paid KRW 30 million to the Plaintiff by account transfer. The Defendant’s representative director paid KRW 60,000,000 to the Plaintiff on July 1, 2013, KRW 6080,000,000 on August 5, 2013, KRW 606,000 on September 2, 2013, KRW 6040,000 on October 31, 2013, KRW 60,000 on December 2, 2013, KRW 59,000 on January 2, 2014, KRW 5960,00 on February 5, 2014, KRW 594,00 on April 1, 2014, KRW 505,000 on account transfer.

[Ground of recognition] A.