1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 26, 2014, the Plaintiff entered into a contract with C to sell 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as indicated in the separate sheet (hereinafter “instant sales contract”).

B. On November 5, 2014, the Plaintiff partially performed the obligation to transfer ownership under the instant sales contract, and completed the registration of ownership transfer in the name C (hereinafter “instant registration of ownership transfer”) under Article 71420 as to each of the instant real estate under the title C’s title registration office received from the Suwon District Court’s Ansan Branch Office.

C. C concluded a joint security agreement (hereinafter “instant mortgage agreement”) with the Defendant, as the joint collateral, 1/10 of each of the instant real estates, with the maximum debt amount of 255,00,000,000 won, C, the debtor, and the Defendant of the right to collateral security (hereinafter “the instant mortgage agreement”). On November 8, 2016, the Suwon District Court completed the registration of establishment of a collateral security agreement (hereinafter “the creation of a collateral”) based on the instant mortgage agreement as the receipt of No. 74961, Nov. 8, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2 (including a provisional number) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserted that, at the time of the conclusion of the instant sales contract, C terminated the instant sales contract due to the Plaintiff’s failure to perform the obligation to repay the remainder of the purchase price after having agreed between the Plaintiff and the Plaintiff at the time of the conclusion of the instant sales contract, and thereby failing to perform the obligation to refund the said loan, C is obligated to restore the Plaintiff to its original state, and to register cancellation of the instant transfer of ownership, and return KRW 75,00,000 to the Plaintiff the proceeds from the operation of the funeral hall and the shares of the down payment of the D Medical Foundation deposit. The instant mortgage contract constitutes a fraudulent act against the Plaintiff, who is a creditor to return