1. The plaintiff's claim is dismissed.

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

Facts of recognition

A. On October 31, 2012, the registration of the transfer of ownership was completed under the name of the Plaintiff on October 18, 2012 with respect to C Apartment 103, 1101 (hereinafter “instant apartment”); on October 31, 2012, the registration of the establishment of a neighboring mortgage, which was the debtor, the debtor, the mortgagee, the Samsung Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”); on October 31, 2012, the registration of the establishment of a mortgage, which was the mortgagee, the maximum debt amount of KRW 39 million on October 30, 2013, and the registration of the establishment of a mortgage, the debtor, the plaintiff, and the mortgagee E, the mortgagee, the mortgagee, and the mortgagee, respectively.

B. Samsung Fire filed an application for voluntary auction on the instant apartment with the Ji Government District Court Goyang Branch F, and the said court issued a voluntary auction decision on February 27, 2014.

Of the amount of KRW 171,80,497 to be actually distributed in the above real estate auction case, KRW 14,000,000 to G to small lessee G, and KRW 157,800,497 to the remainder of KRW 157,80,497 were distributed to Samsung Fire, which is the right to collateral security.

C. Samsung Fire, as Seoul Central District Court Decision 2015Hu6511, filed an application with the Plaintiff for the payment order against the Plaintiff, stating that “Tsung Fire loaned KRW 220 million to the Plaintiff as collateral the instant apartment on October 31, 2013, and the Plaintiff lost its benefit on November 25, 2013, and the Plaintiff lost its benefit, and the principal and interest of the loan remains KRW 95,586,447 as a result of only partially recovered from the said real estate auction case, and the said principal and interest of the loan remains KRW 95,586,447 as a result of the said real estate auction case.”

On February 13, 2015, the above court issued a payment order, and the above payment order became final and conclusive around that time.

On the other hand, on October 31, 2012, the Plaintiff borrowed KRW 25 million from the Solo Savings Bank, and transferred the above loan to H on the same day.

In addition, on November 5, 2012, the Plaintiff borrowed 5 million won from the friendly Savings Bank, and transferred the said loan to H on November 6, 2012 following the loan.

Since then, on May 14, 2013, the Plaintiff is fully liable for each principal and interest of loans.