The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. D opened an overseas futures account at the Plaintiff Company to trade foreign derivatives, and traded foreign derivatives. On November 15, 2018, the Plaintiff paid KRW 444,650,777, which was the shortage of the settlement amount of D on November 15, 2018, to a foreign brokerage company, thereby holding a claim equivalent to D’s equivalent to the same amount.

B. On December 6, 2018, D entered into a contract with C (hereinafter “instant real estate”) on the establishment of the right to collateral security with the maximum amount of claims KRW 117,000,000 with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”) on the real estate stated in the separate sheet (hereinafter “the instant real estate”) and borrowed KRW 90,000,000 from C. The registration of the establishment of the right to collateral security (hereinafter “registration of the instant right to collateral security”) was completed on the same day.

(c)

On June 24, 2019, the Plaintiff filed a lawsuit against C, etc. by asserting that the instant contract to establish the right to collateral security was delegated to the piracy (Seoul Southern District Court Decision 2019Gadan235485, hereinafter “instant prior lawsuit”).

On August 23, 2019, while the instant prior suit is pending, the Defendant acquired the claim for loans against D from C, and completed the registration of the right to collateral security on August 26, 2019 (hereinafter “instant additional registration”).

E. Regarding the outcome of the instant prior suit, the Seoul Southern District Court rendered a judgment dismissing the Plaintiff’s claim on September 11, 2020, on the following grounds: “C concluded a mortgage contract with D in accordance with normal loan procedures and lent money, and the instant mortgage contract was unaware of the damage to the Plaintiff, a creditor,” and the said judgment became final and conclusive on September 29, 2020.

F. Meanwhile, the instant real estate became an auction upon application by C and G (Seoul District Court Branch E, F) and the Defendant 100,012,640 won.