1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 18, 2009, the Plaintiff concluded an accord and satisfaction agreement (hereinafter “instant accord and satisfaction agreement”) with the effect that KRW 200 million was transferred to the Plaintiff, on February 18, 2010, with the payment period fixed at 3% per month (hereinafter “instant loan obligation”). If the Defendant fails to repay the said loan principal and interest by the payment period, the Plaintiff entered in the separate sheet (hereinafter “instant building”) and the same building No. 102 (hereinafter “instant 102”) in lieu of the repayment period.

B. As to the instant building and subparagraph 102 of the same building, the Defendant completed the provisional registration of transfer of ownership (hereinafter “the instant provisional registration”) by acquiring the right to claim transfer of ownership on November 13, 2009 and completing the registration of transfer of ownership as to the instant building and subparagraph 102 of the same building from the provisional registration of this case on the same day after the Plaintiff acquired the right to claim transfer of ownership on February 3, 2010 and completed the principal registration of transfer of ownership (hereinafter “instant provisional registration”).

C. At the time of the instant accord and satisfaction agreement, the market price of the instant building and 102 was KRW 300 million, respectively, and the market price at March 24, 2015 was KRW 241,400,000, respectively.

The defendant currently occupies and uses the building of this case.

[Based on recognition] Gap evidence Nos. 1, 3, and 4 (including the number with each number), Eul evidence Nos. 2, and the result of the court's entrustment of appraisal to the appraiser D by this court, the result of the fact inquiry about Samsung Appraisal Corporation and Vice-Governor of Samsung T&M corporation, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The purport of the Plaintiff’s assertion is to transfer the building of this case to the Defendant by exercising the right to dispose of the building of this case as a mortgagee of the building of this case.