1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

The Plaintiff is a stock company with the objective of manufacturing concrete products and environment-friendly products. The Defendant invested in kind the real estate listed in the separate sheet (hereinafter “instant real estate”) in B as an internal director of a stock company B (hereinafter “B”) for the purpose of manufacturing cement products, etc., but was retired from the internal director on December 2, 2012.

As to the instant real estate owned B on November 25, 201, the Defendant owned the maximum debt amount of KRW 289,00,000, and B, the debtor B (hereinafter the above right to collateral security) and the secured debt of the instant right to collateral security (hereinafter the “instant claim”). As to the instant real estate, the Defendant set the first priority right to collateral security, which is the maximum debt amount of KRW 1,80,000,000, and the debtor B, and the debtor B, and IBK Capital Co., Ltd. (hereinafter the “IBK Capital”).

Meanwhile, in November 2015, the Plaintiff sought an urgent plan for factory site. However, the Plaintiff sought to acquire the instant real estate through auction after examining the location conditions, the capacity and operation status of machinery and equipment, the current status of the factory site, etc. after introducing the instant real estate from G, which was used as a factory, by visiting the instant real estate, which was used as a factory from the land owner G, and planned to acquire the instant real estate through an auction. In order to recover the claim of the Defendant, the Plaintiff decided

On December 16, 2015, the Plaintiff entered into a contract with the Defendant for partial transfer of the claim for confirmation of the right to collateral security (hereinafter “instant contract”) with the content that the Defendant acquires from the Defendant the portion equivalent to KRW 100,000,000,000, total amount of principal and interest of the instant claim and KRW 100,000,000, out of the amount of the instant collateral security (hereinafter “instant contract”). In relation to the payment of the transfer price at the time, the Plaintiff entered into a contract for partial transfer of the claim for confirmation of the right to collateral security (hereinafter “instant contract”). The remainder of KRW 50,000,000, out of KRW 100,000,000,