1. The plaintiff's claim is dismissed.

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

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the pleadings in the descriptions of Gap evidence 1, Gap evidence 2-1, Eul evidence 2-3, Gap evidence 4, Eul evidence 5, Eul evidence 1, Eul evidence 2, Eul evidence 3, Eul evidence 4, and Eul evidence 5, and there is no reflective evidence.

On December 9, 2010, Nonparty D borrowed 100,000,000 won to Nonparty E and agreed to repay until December 20, 2010 (hereinafter “the first loan certificate”).

B. On March 4, 2013, Nonparty E transferred to the Defendant KRW 300,000,000 to the Defendant the claim amounting to the Plaintiff and Nonparty D.

C. On March 6, 2013, Nonparty D, who was granted a proxy authority from the Plaintiff, drafted a mortgage agreement between the Defendant and the Defendant, setting up the right to collateral security (hereinafter “instant creation agreement”) whereby the Defendant, the debtor, and the person setting up the right to collateral security (hereinafter “the instant real estate”) set up the right to collateral security at KRW 300,000,000 for the Plaintiff, the obligor, and the person setting up the right to collateral security (hereinafter “the instant real estate”).

On March 19, 2013, Nonparty D issued a loan certificate verifying that Nonparty D borrowed KRW 200,000,000 from Nonparty E from March 19, 2011 to Nonparty E (hereinafter “instant loan certificate”).

E. On March 19, 2013, Nonparty E transferred KRW 300,000,000 to Nonparty D’s claim, and Nonparty E drafted a written confirmation of credit transfer and takeover (hereinafter “instant confirmation”) stating that the above assignment of claim is notified and confirmed to the Plaintiff and Nonparty D, and Nonparty D affixed a seal.

F. On October 10, 2016, the Defendant applied for a voluntary auction against the instant real estate by the Chuncheon District Court C real estate auction case (hereinafter “instant auction”), and on the date of distribution of the instant auction on the date of the instant auction.