1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From September 19, 2002, the Defendant has operated a public bath (hereinafter “instant bath”) with the trade name “D” from a building on land owned by the Defendant in Kimhae-si, Kim Jong-si.

B. Around March 25, 2013, the Plaintiff paid KRW 40,000,000 to the Defendant. In this regard, the Plaintiff and the Defendant, on March 25, 2013, prepared a cash custody certificate stating that “The purchaser sent to the Defendant, who is the buyer, for a cash deposit of KRW 40,000,000,000.”

C. From March 25, 2013, the Plaintiff began to operate the bath in this case. From September 27, 2013, the Plaintiff repaid the interest amount of KRW 14,138,603 in total to the National Bank with respect to the loan obligation, which is the secured debt of the mortgage (hereinafter “mortgage”) that is the secured debt of the debtor, the debtor, and the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), which was completed on September 27, 2002 with respect to the land and its ground owned by the Defendant Kimhae-si, Kim Jong-si.

On the other hand, on the other hand, on February 25, 2014, the National Bank, the mortgagee of the instant mortgage, started the auction procedure of real estate rent in the Changwon District Court E with respect to the land and buildings on the ground thereof on March 3, 2015. On March 27, 2015, the above land and buildings were sold in KRW 510,00,000. On March 27, 2015, where the secured claim of the instant mortgage was transferred from the National Bank from the National Bank, the case was distributed in KRW 504,436,406 to the limited company specializing in securitization.

E. The Plaintiff operated the instant bath in the above ground building until the time when the land and the above ground buildings were sold in the auction procedure for the sale of the above real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 7 and 8, the purport of the whole pleadings

2. Around March 25, 2013, the Plaintiff determined the cause of the claim, the land of this case, and the land of this case, the Defendant Kim Jong-si.