The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. C entered into a contract with E (hereinafter “E”) on December 13, 2013 under the name of D to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in the purchase price of KRW 740 million (hereinafter “instant contract”) and agreed to pay the down payment of KRW 530 million by subrogation for the secured debt of the right to collateral security established on each of the instant real estate, and the balance of KRW 210 million shall be paid by August 30, 2014.

B.1) On December 20, 2013, E means the registration of ownership transfer in D with respect to each of the instant real estate on December 20, 2013 (hereinafter “instant registration of ownership transfer”).

(2) On December 20, 2013, D entered into a contract with the Defendant to obtain a loan of KRW 580 million from the Defendant (hereinafter “instant loan contract”) and a contract to establish a collateral (hereinafter “mortgage”) with the maximum debt amount of KRW 754 million in the future of the Defendant regarding each of the instant real estate in order to secure the above loan obligation.

3) On December 20, 2013, D registered the establishment of a mortgage on each of the instant real property (hereinafter “registration of the establishment of a mortgage on the instant real property”) with the maximum debt amount of KRW 754 billion, the debtor D, and the mortgagee of a mortgage (hereinafter “registration of the establishment of a mortgage on the instant real property”).

(2) The registration of creation of superficies (hereinafter referred to as “registration of creation of superficies of this case”) shall be made on the ground that the creation of superficies is based on the same day contract.

(C) On December 23, 2014, the Plaintiff completed the registration of ownership transfer (hereinafter “the registration of ownership transfer”) in the name of the Plaintiff on December 3, 2014 with respect to each of the instant real estate, each of which was subject to the registration of ownership transfer in the name of D.

2. On the other hand, the debtor is changed from D to the plaintiff on February 4, 2015 with respect to the registration of the establishment of the establishment of the principal office of the defendant on the same day.