1. The plaintiff's claim of this case is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

1. Basic facts

A. On March 5, 2012, the Plaintiff entered into a contract with C’s agent for exchanging Hel in Nam-gu, Incheon Metropolitan City, Nam-gun E-gun, 198 square meters and six-story of reinforced concrete structure sloping roof (hereinafter “instant real property”) on its own, and completed the registration of ownership transfer with respect to the instant real property in the name of the Defendant designated by C on the same day.

B. On the other hand, on March 5, 2012, the establishment registration of the mortgage was completed with respect to the instant real estate, the maximum debt amount of KRW 450 million, the debtor, the defendant, the mortgagee I, and the J. The said mortgagee leased the Defendant, through K, a real estate broker, a total of KRW 150 million.

C. In the event that the Plaintiff was unable to assume the secured debt of the right to collateral security established in the above Hel on the grounds of excessive debt, etc., the Plaintiff rescinded the above exchange contract with C’s agent L around May 1, 2012, but the Plaintiff was established on the instant real estate in terms of compensation for damages and penalty.

In order to take over the secured obligation of the right to collateral security stated in the paragraph.

Therefore, the registration of transfer of ownership in the name of the above defendant was cancelled on the same day with respect to the instant real estate, and the registration of change of the right to collateral security changed to the debtor as the plaintiff on May 7, 2012 due to the assumption of obligation with respect to the foregoing right to collateral security, which was established on the instant real estate, was completed.

On September 3, 2013, the Plaintiff sold the instant real estate from M to N and paid KRW 20 million to N and designated by M after hearing the horses that the Plaintiff would pay the secured debt of the foregoing right to collateral security with its marginal profits.

E. On September 4, 2013, the Plaintiff paid KRW 50 million to a certified judicial scrivenerO, KRW 145 million on September 12, 2013, and KRW 195 million on September 12, 2013.

F. J seeks a reimbursement of KRW 150 million against the Plaintiff as Seoul Central District Court Order 2013Gahap529264.