1. The plaintiff's claim is dismissed.

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

Basic Facts

On February 4, 2013, the Plaintiff entered into a purchase and sale contract with Nonparty C and one other (hereinafter “instant land”) with a price of KRW 550 million, which is KRW 222,00,000,000 (hereinafter “instant purchase and sale”), and stipulated the following special terms:

A seller shall provide documents related to the authorization and permission necessary for the construction of a new building on the ground of the instant land (hereinafter referred to as the “instant building”).

(2) Of the price, KRW 400,000 out of the price shall be paid by the purchaser in a way that the purchaser obtains a loan of the instant land as collateral and redeems the secured debt of the right to collateral security.

(3) In the event of the above redemption, the seller shall make the registration of ownership transfer to the buyer.

(4) Of the proceeds, the remaining 150 million won shall be paid within 30 days after the completion of the instant building.

(5) On August 12, 2013, the registration of transfer of ownership in the name of the defendant was completed with respect to the instant land.

As to the instant land on January 31, 2013, the registration of cancellation of the registration of the establishment of a mortgage on the following occasions was completed on February 5, 2013: (a) the registration of the establishment of a mortgage on the basis of KRW 2770,1200,000,000 for the mortgagee E, the debtor, the debtor, and the maximum debt amount; and (b) the registration of the establishment of a mortgage on the basis of KRW 180,000,000,000,000; (c) on August 12, 2013; and (d) the registration of cancellation of the registration

On August 12, 2013, with respect to the instant land, the registration of the establishment of a mortgage (hereinafter referred to as the “debrison”) was completed on August 12, 2013, which caused the establishment of a mortgage (the maximum debt amount) to the debtor, the defendant, and the maximum debt amount.

[Ground of recognition] without any dispute, Gap's evidence Nos. 1 and 3, and the purport of the whole pleadings, the defendant asserted by the parties concerned, jointly with Eul, purchased the land of this case from the plaintiff.

If the Plaintiff and the Defendant transferred the ownership of the instant land to the Defendant, at the same time, the secured obligation of the right to collateral security established on the instant land.