1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 25, 2017, C completed the registration of the establishment of a neighboring construction of the Seongbuk-gu Seoul Metropolitan Government D Building and E (hereinafter “instant real estate”) with respect to the building owned by the Defendant, KRW 185,00,000,000, and the debtor’s medical corporation F (hereinafter “the medical corporation of this case”).

B. On October 2017, the Plaintiff acquired the secured debt of the aforementioned right to collateral security from C, and completed the registration of transfer of the above right to collateral security on October 31, 2017 by means of contract transfer on October 27, 2017.

C. On January 23, 2018, the Plaintiff entered into a monetary loan agreement with the instant medical corporation (hereinafter “instant contract”) with the following content.

① On October 31, 2021, the Plaintiff loaned the agreed interest rate of KRW 485,00,000 to the medical corporation of this case, setting the period for reimbursement on October 31, 2021, and lending KRW 600,000 to the medical corporation of this case. The medical corporation of this case set up a mortgage on the above loan in the name of the Defendant and G as security (the completion of the set-up). ② The medical corporation of this case transfers the right to KRW 400,000,000 to the Plaintiff as security.

③ In a case where: (a) the right to collateral security on the real estate owned by the Defendant, among the rights to collateral security established by the Plaintiff, is terminated; (b) the right to collateral security is re-established on or before December 31, 2018 under the same conditions as before; and (c) the Plaintiff may claim the return of the loan.

On January 24, 2018, the Plaintiff registered the cancellation of the registration of the establishment of the instant neighboring mortgage in accordance with the instant contract.

E. However, the Defendant sold the instant real estate to I and J on December 22, 2018 without providing the Plaintiff with the instant real estate as security, and completed the registration of ownership transfer on February 18, 2019.

F. Meanwhile, the Defendant is the mother of K, who was the representative of the instant medical corporation until September 10, 2019.

[Reasons for Recognition] Unsatisfy, Gap 1 to 5 (including a branch number), Eul 1, and pleadings.