1. The plaintiff's claim is dismissed.

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

Facts of recognition

On August 10, 2016, the Plaintiff sold to the Defendant the amount of KRW 873 million for the instant real estate of KRW 3,000,000,000,000 for KRW 249 square meters and five-story accommodation facilities on the land (hereinafter collectively referred to as “each of the instant real estate”).

(2) Of the purchase price, the Plaintiff and the Defendant decided to substitute for the Defendant’s acceptance of the secured debt (the principal of the loan and interest thereon) of the Plaintiff’s right to collateral security (hereinafter “mortgage”) against the creditor D groups (hereinafter “D”) established on December 18, 2001, the maximum debt amount of which was KRW 780 million, and the Plaintiff’s right to collateral security (hereinafter “mortgage”).

(2) On October 10, 2016, the Plaintiff received the remainder of KRW 273 million from the Defendant, and completed the registration of ownership transfer with respect to each of the instant real estate on October 10, 2016.

The Defendant intended to take over the secured obligation when paying interest on the loans of the instant right to collateral security to D, but upon D’s consent, the obligor of the instant right to collateral security was not changed from the Plaintiff to the Defendant, and the secured obligation was not repaid.

The Plaintiff and the Defendant agreed on December 26, 2016 as follows.

(hereinafter “instant agreement” and the KRW 100,000,000,000,000 (hereinafter “instant agreement”). The agreement

1. When the Plaintiff sells each of the instant real estate owned by the Plaintiff to the Defendant, the Defendant sells the said real estate to the Defendant and completed the registration of ownership transfer under mutual agreement by transferring and taking over the obligation of KRW 600 million for bank loan held by the Plaintiff.

2. Thereafter, although the defendant and the plaintiff want to take over the principal obligation against the right to collateral security established, the succession procedure cannot be considered as circumstances due to the lack of sufficient collateral.