1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) E Co., Ltd. (hereinafter “E”) (hereinafter “E”), such as the receipt of insurance contracts and insurance proceeds for restoration expenses following conversion of mountainous districts;

F Co., Ltd. (hereinafter “F”) around January 29, 2009

B) As to the Plaintiff, the Defendant’s insurance contract for authorization and permission (hereinafter “instant guarantee insurance contract”) with the Defendant as the Defendant, upon obtaining permission, etc. for conversion of a mountainous district on one parcel other than Chungcheongnam-gun G, Chungcheongnam-gun, and securing deposit for the restoration of the mountainous district to its original state.

2) On April 22, 2016, the Defendant received KRW 358,069,000 (hereinafter “the instant insurance proceeds”) from F as the insured of the instant guaranteed insurance contract on April 22, 2016, as the insured party of the instant guaranteed insurance contract, as the Defendant neglected to perform its duty to restore the converted area to its original state.

3) Afterwards, the Defendant returned KRW 358,069,000 of the instant insurance money, which he/she received again, to F on December 15, 2016, following the restoration of the mountainous district to its original state with its own resources. (B) The Plaintiff’s claim seizure and assignment order 1) was issued by a notary public on the executory exemplification of the deed No. 277, 2016, the Plaintiff filed an order for the attachment and assignment order with the Cheongju District Court regarding the amount until the amount reaches KRW 50,302,20, out of the claim for the refund of the deposit for the restoration to original state against the Defendant by a notary public of the deed No. 277, 2016. On September 23, 2016, the obligee filed an order for the attachment and assignment of the claim with the Plaintiff, the debtor, the third obligor, the Defendant, the Defendant, and the Defendant’s claim amount of KRW 50,302,200,00.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is that of the Defendant.