1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C is the owner who completed the registration of ownership transfer with respect to the instant land on April 23, 2004, and on August 4, 2010, the provisional registration of this case was completed with respect to the instant share to the Defendant.

On the other hand, on March 7, 2006, C completed the registration of establishment of the first priority collective security (hereinafter “instant collective security”) with respect to the instant land at the Handong-dong Saemaul Depository, the maximum debt amount of which was 375,000,000, but on August 3, 2010, C changed the debtor of the instant collective security (hereinafter “instant collective security”) to KRW 300,000,000, respectively.

B. On September 18, 2012, the Plaintiff entered into a sales contract with the Defendant for the instant provisional registration (hereinafter “instant sales contract”) and paid KRW 35,000,000 to the Defendant on the same day.

A seller: Defendant and buyer: 315,000,000 won down payment: 35,000,000 won shall be paid at the time of the contract.

Any balance: KRW 280,000,000 shall be paid on October 10, 2012, and KRW 200,000,000 for the secured debt of the instant right to collateral security shall be succeeded by the Plaintiff.

Special agreement items: All public charges, such as transfer income tax, shall be borne by the plaintiff.

The interest accrued after October 1, 2012 on the secured debt of the instant mortgage shall be borne by the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4 (including branch numbers), Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to implement the registration procedure for the transfer of the provisional registration of this case to the plaintiff, unless there are special circumstances.

B. (1) The Plaintiff did not pay the instant sales balance to the Defendant until October 10, 2012, which was the due date for the payment of the instant sales balance, and did not accept the instant collateral security.

On October 12, 2012, the Plaintiff: (a) on October 12, 2012, 70,000 of the instant sales balance to the Defendant.