1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 24, 2017, D Housing Redevelopment and Improvement Project Association filed a payment order with E under the court 2017 tea 43579, and on February 21, 2017, upon receipt of a payment order “E shall pay KRW 533,372,552 to the said association,” and the said payment order was finalized on March 17, 2017.

Based on the above payment order on March 27, 2017, the above union applied for a compulsory auction of real estate related to the Dongjak-gu Seoul Metropolitan Government F apartment G (hereinafter “instant real estate”) owned by E under this court C, and received a ruling to commence the auction on March 28, 2017.

(hereinafter “instant auction procedure”). B.

On June 1, 2017, the Plaintiff and a notary public entrusted the preparation of the No. 156 of the No. 2017 H deed to the notarial deed (hereinafter “notarial deed of this case”) by entrusting the preparation of the No. 156 of the No. 2017.

The notarial deed of this case is accompanied by a promissory note, the face value of which is KRW 75,00,000 issued by E to the Plaintiff, the issue date of which is October 7, 2016, and the payment date at sight.

C. On September 6, 2012, the Defendant entered into a promise to return a substitute of the instant house with respect to KRW 30,000,000, for E and the Seoul Dongjak-gu I’s first ground mentmentment, brick, and multi-storyed housing, and completed the registration of transfer of ownership on September 10, 2012.

In the promise to return the substitute, “The Defendant shall lend KRW 120,000 to E. The due date shall be November 7, 2012, and if the principal and interest are not paid by the due date, E shall transfer the said house to the Defendant by the return of the substitute.”

Since then, the "transfer notification due to the urban and residential environment rearrangement project" that transfers the above housing rights to the real estate in this case was made on February 17, 2017, the transfer registration of ownership transfer security (hereinafter "provisional registration of this case") was completed with respect to the real estate in this case, such as the provisional registration of ownership transfer security (hereinafter "provisional registration of this case").

In the instant auction procedure.