1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff was the owner of CY 886 square meters and D 1,488 square meters (hereinafter “each of the instant real estate”) in Gunsan-si.

B. On June 27, 2008, the Plaintiff entered into a mortgage agreement with E Union on the maximum debt amount of KRW 49,400,000 with respect to each of the instant real property, and completed the registration of establishment of a neighboring mortgage under the name of E Union on June 27, 2008 (hereinafter “mortgage under the name of E Union”).

C. The Plaintiff’s penalty F, June 24, 2008, KRW 20,000,000, and the same year from the Defendant’s penalty F

7. 8. 25,00,000 won was borrowed, and on July 15, 2008, each of the instant real estate was made a promise to sell and purchase each of the instant real estate in order to secure the above debt prohibited from borrowing, and on July 17, 2008, the transfer of ownership security provisional registration (hereinafter “provisional registration in F name”) was completed with respect to each of the instant real estate on July 17, 2008.

On February 22, 2010, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the content that KRW 150,000,000 shall be sold to the Defendant of KRW 1,50,000,000, the amount of KRW 140,000,000 on the date of the contract, and the remainder of KRW 140,00,000 on March 10, 201.

E. On March 11, 2010, the Plaintiff cancelled the provisional registration under F’s name as the Jeonju District Court’s Gunsan Branch No. 11472, Mar. 11, 2010, with respect to each of the instant real estate. On the same day, the Plaintiff completed the registration of transfer of ownership for each of the instant real estate under the receipt No. 11473, Mar. 11, 2010, with respect to each of the instant real estate as the grounds for registration.

F. On the other hand, on March 30, 2010, the Plaintiff received 35,127,530 won from the Defendant as part of the purchase price of the instant sales contract, and paid it to EF. The right to collateral security in the name of EF was cancelled on April 9, 2010.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 3, Eul evidence 6, and the purport of the whole pleadings.