1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff, a creditor against C company (hereinafter “C company”), set up a collateral security at the Changwon District Court No. 3831, Dec. 12, 201, as to D forest land 3,822 square meters (hereinafter “instant land”) owned by C company (hereinafter “C company”) as the obligor, E, and E, the maximum debt amount of KRW 845,00,000,000.

B. The Defendant was incorporated into the instant land under the Act on the Establishment and Packing of H Road, Gho-ro, a farming and fishing village road in the F Gho-si, and the instant land was accordingly incorporated into the relevant site. Accordingly, C and C agreed to use the instant road for the road construction and agreed to purchase the final purchase procedure of the instant land through consultation between C and C.

On September 5, 2017, the Defendant calculated the amount of compensation for the instant land at KRW 78,351,00, and then notified C of the receipt of the compensation and requested C to enter into a compensation consultation and a contract by setting the period of consultation on compensation for losses from September 5, 2017 to October 4, 2017.

However, C did not apply to the Defendant for the contract on the ground that C did not cancel the registration of provisional disposition completed on the instant land until the closing date of the argument in this case.

C. On September 8, 2017, the Plaintiff filed an application with the Changwon District Court for the attachment and order of the entire claim against the Defendant of the Defendant of the instant case, with the obligor C, the third obligor, as the obligor C, and the Defendant of C, with the Defendant as the Defendant of the said claim for compensation for land loss, based on the aforementioned right to collateral security.

On September 11, 2017, the lower court issued an assignment order of claims and assignment order (hereinafter “instant assignment order”) with respect to the said compensation claim, and the said order was served on the Defendant on September 14, 2017, and became final and conclusive on October 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant is obligated to pay 78,351,000 won in full to the plaintiff according to the assignment order of this case.

(b) 1.