1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The registration of ownership transfer in the Plaintiff’s name was completed on March 25, 201 with respect to the Goyang-gu Seoul Metropolitan Government 535 square meters, D 642 square meters, E prior to 308 square meters, F 2 square meters, and H 166 square meters prior to the ownership of the Defendant and Nonparty G (hereinafter collectively referred to as “each of the instant real estate”), which were owned by the Defendant, for the Goyang-gu Seoul Metropolitan Government Dayang-gu Dayang-gu 305 square meters, and the Defendant and Nonparty G (hereinafter referred to as “each of the instant real estate”).

B. On January 27, 2010, each of the instant real estate was respectively established with the right to collateral security, which is the debtor, the mortgagee’s right to collateral security, an agricultural cooperative, and the maximum debt amount of KRW 3.5 billion (hereinafter “the right to collateral security”), and on October 12, 2010, the right to collateral security, which is the debtor, the mortgagee, the agricultural cooperative, and the maximum debt amount of KRW 5.4 million, was respectively established (hereinafter “the right to collateral security”), and on January 27, 2011, the debtor of each of the instant right to collateral security was changed to Nonparty I on the ground of contract acceptance as of January 26, 2011.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 7 (including virtual number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. A. Around August 2010, the gist of the Plaintiff’s assertion entered into a sales contract with Nonparty J, the Defendant’s agent, to purchase each of the instant real estate at KRW 760 million (hereinafter “instant sales contract”). Accordingly, on August 31, 2010, the Plaintiff paid the full purchase price to the Defendant.

Therefore, the Defendant is obliged to transfer the ownership of each of the instant real estates to the Plaintiff after cancelling the right to collateral security established in each of the instant real estates.

However, without cancelling each of the instant mortgages, the title of debt of each of the instant mortgages was transferred to Nonparty I.

Therefore, it is around.