1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff Company D (hereinafter “D”)

(2) Around September 26, 2012, C lent KRW 5,00,00 to C, and C delayed the repayment of the above loan. (2) On June 19, 2015, the Plaintiff acquired the above loan claim from D to C, and filed a lawsuit for acquisition of the loan amount and received a favorable judgment. C is in arrears with “1,346,236 won and 4,749,521 won as of November 23, 2016, calculated at the rate of 39% per annum from November 24, 2016 to the date of complete payment.”

B. On the other hand, around January 22, 2013, C entered into a sales contract with the Defendant at KRW 270,000,000 with respect to the instant apartment as to the instant apartment (hereinafter “instant sales contract”).

A) On January 25, 2013, at the time of the instant sales contract, the Defendant completed the registration of ownership transfer on the instant apartment. (2) At the time of the instant sales contract, the right to collateral was established on the instant apartment, namely, KRW 244,80,00. However, the actual secured amount was KRW 173,385,080, and was cancelled on January 30, 2013.

3) At the time of the instant purchase and sale contract, the right to collateral security was established on the instant apartment, F, debtor G, and maximum debt amount of KRW 200,000,00,000. However, on January 25, 2013, the Defendant sold the instant apartment to H around August 15, 2016, and completed the registration of ownership transfer on November 9, 2016.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including paper numbers; hereinafter the same shall apply), the result of this court's response to an order to submit financial information to the I Bank, the purport of the whole pleadings

2. Determination on this safety defense

A. Since May 2013, the Defendant’s defense C had been in arrears with the repayment of the loan from around May 2013, D collected the claim against C and asked for the sale of the apartment of this case.