1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 28, 2008, the Plaintiff concluded a loan agreement with C on May 28, 2008, setting the rate of 16.30% on May 28, 2017, the overdue interest rate of 19%, and paid the said loan amount to C.

(1) A loan contract is a loan contract. C has lost the benefit of time due to delay in the payment of the principal and interest of loan, and as of November 14, 2017, the total amount of principal and interest of KRW 10,250,291 (interest of KRW 1,750,000) remains.

B. Meanwhile, on January 12, 2017, the Plaintiff entered into a loan agreement with C by setting the loan amount of KRW 42 million, interest rate of KRW 3.89% in general interest rate, and interest rate of KRW 3.89% in installments for 35 years, and paid the loan amount to C.

("Second Loan Contract"). (c)

On January 17, 2017, the Plaintiff established the right to collateral security (hereinafter “right to collateral security”) with a maximum debt amount of KRW 50,400,00,00 with respect to the real estate listed in the separate sheet owned by C (hereinafter “the instant real estate”), and the written contract to collateral security (hereinafter “right to collateral security”) provides that the debtor guarantees all the obligations currently and future against the Plaintiff.

C on March 15, 2017, the instant real estate was sold to the Defendant, who is the mother, and on March 16, 2017, the registration of ownership transfer with respect to the instant real estate was completed, and the Defendant from May 2017 to May 3, 2017, repaid to the Plaintiff on behalf of the Plaintiff the obligations for loans under the second loan contract.

The Defendant, who tried to dispose of the instant real estate on January 10, 2018, subrogated in full KRW 41,522,107 of the balance of C’s loan obligations confirmed and known by the Plaintiff on January 10, 2018, the Plaintiff cancelled the instant mortgage on January 18, 2018, and the Defendant sold the instant real estate to D and completed the registration of ownership transfer to him on January 16, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 through 7, the purport of the whole pleadings

2. The plaintiff alleged by the parties is the sales contract between C and the defendant.