1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is sentenced to C's punishment, and the defendant is the wife of C's wife (C's wife D's birth).

E is the mother of C, D and the mother of the defendant.

B. On June 20, 2002, the transfer registration for ownership was made on June 20, 2002 with respect to the F 482.6m2 and G 4.4m2 (hereinafter collectively “instant land”).

C. The Defendant obtained a loan from H on June 26, 2013. On the same day, C created the right to collateral security with the land of this case as the maximum debt amount of KRW 1,560,000,000, and the debtor, the defendant, and the right to collateral security (H).

E repaid KRW 1,306,915,571 of the Defendant’s loans to H Co., Ltd. on July 6, 2016 on behalf of the Defendant, and acquired the right to collateral security on the instant land and the right to loans to the Defendant from H.

E. On November 9, 2016, E applied for a voluntary auction of real estate in this Court on the instant land by means of the foregoing collateral security.

On May 15, 2017, the instant land was sold to the Defendant’s wifeJ in KRW 1,307,100,000, and the ownership transfer registration was completed on the same day, and KRW 1,297,36,022, excluding the cost of execution, was distributed to E from the proceeds of sale.

The transferee C transferee of the assignment contract

1. The transferor holds against the Defendant a claim for reimbursement of KRW 1,307,100,000 and damages for delay from June 21, 2017 to the date of full payment.

2. The Plaintiff holds, with respect to the transferor, a claim at the rate of 15% per annum from September 27, 2017 to the date of full payment of the loan amounting to KRW 55,610,958, and damages for delay at the rate of 15% per annum.

3. In order to secure the secured claim, the transferor shall transfer to the Plaintiff a claim of KRW 55,00,000 among the secured claim and damages for delay from June 21, 2017 to the date of full payment.

Notice to the defendant shall be made by the transferor.

On October 30, 2017, the Plaintiff of the transferor C transferee

F. C is equivalent to the above proceeds of sale against the Defendant.