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

A. On July 9, 2010, the Plaintiff entered into a sales contract with C to purchase KRW 325,000,000 forest land D (hereinafter “instant land”) for KRW 1219,00,00,000 upon receipt of proposals from B, which was a mother’s birth, to engage in real estate brokerage business (hereinafter “instant sales contract”).

B. On August 17, 2010, the remaining payment date, the Plaintiff entered into the instant loan agreement with the Defendant to obtain a loan of KRW 220,000,000 with a view to securing the loan obligation on the same day, the Plaintiff completed the registration of collateral security and superficies creation (hereinafter “registration of collateral security and superficies creation”) with respect to the instant land in order to secure the loan obligation on the same day.

C. On August 17, 2010, the Plaintiff received the above loan from the Defendant and paid it to C as sales balance, and completed the registration of ownership transfer for the instant land on the same day.

On March 24, 2014, upon the Defendant’s request based on the instant right to collateral security, the court rendered a decision to commence voluntary auction on the instant land E.

[Ground of recognition] Facts without dispute, Gap's evidence 1, Gap's 11, Eul's 1 through 6 (including partial numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion B is the actual obligor of the loan agreement of this case, and the sales contract of this case, mortgage and superficies contract and loan agreement were concluded with only the Plaintiff borrowed only the Plaintiff’s name in order to avoid the loan limit provision, and the Defendant was also aware of this. Thus, the loan agreement of this case is null and void as it constitutes false

Therefore, there is no longer no obligation of the Plaintiff’s loan to the Defendant based on the instant loan agreement.

B. The difference between the truth and the indication of the declaration of intention is not different in order to establish a false declaration of agreement.