A. On March 28, 2007, the Defendant’s mother and the Michuhol-gu Incheon District Court E real estate auction, jointly awarded a contract for the above land, and completed the registration of ownership transfer on March 28, 2007. On November 6, 2008, the Plaintiff newly constructed three-story detached houses and neighborhood living facilities (hereinafter “the instant real estate”) on the said land, and completed the registration of ownership preservation by 1/2 shares each.

B. The Plaintiff borrowed KRW 90 million from the F Association. The Plaintiff, upon receiving a request from the F Association to provide the Plaintiff’s share as a collateral to secure another’s property as collateral, concluded a mortgage contract with the F Association, the debtor C, the establisher of the right to collateral security, C, and the maximum debt amount of KRW 117 million with respect to the whole of the instant real estate (hereinafter “instant collateral security”). As to the instant real estate, the registration of the Incheon District Court’s registry office was completed as of June 1, 201, the establishment of the mortgage was completed.

C. C completed the registration of ownership transfer based on sale on October 23, 2015 in the name of the Defendant, one of the children with respect to all shares of the instant real estate.

In addition, the defendant acquired the status of the debtor of the loan, which is the secured debt of the right to collateral security in this case, from the Financial Cooperative, and prepared a contract acceptance agreement with C and the plaintiff.

Accordingly, on October 23, 2015, the registration of change of the right to collateral security was completed to change the defendant to the obligation due to the takeover of the contract on the instant real estate.

The plaintiff and the defendant filed a lawsuit for partition of co-owned property as the Incheon District Court 2017Kadan26439, which had deep conflict due to the distribution of profits of the real estate of this case and "the real estate of this case was sold to auction and deducted auction expenses from the proceeds thereof."