1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In Seopo-si, Jeju Special Self-Governing Province (hereinafter “instant real estate”), D, E, and F shared 1/3 shares, respectively.

On June 24, 2004, the Plaintiff completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 100,000 with respect to the D portion out of the instant real estate, and on May 19, 2005, on the F portion out of the instant real estate, the Plaintiff completed the registration of the right to claim a transfer of the entire share based on the purchase and sale reservation on May 12, 2005.

B. Around September 2013, the Plaintiff, a certified judicial scrivener, entrusted G with the auction-related work for the instant real estate to G, who was working for the Defendant’s office, and delivered the documents related to the right to collateral security concerning the instant real estate and the pre-contract on the said provisional registration. G delivered the said documents to the Defendant.

After October 9, 2013, the Plaintiff paid 3,100,000 won to the Defendant as a fee.

C. On October 22, 2013, the Defendant prepared an application for voluntary auction with respect to D shares among the instant real estate, and submitted it to the executing court, and on October 22, 2013, the Jeju District Court H with respect to D shares among the instant real estate.

Since then, on December 5, 2013, the application of the Seoul Livestock Industry Cooperatives, which was a senior mortgagee on the entire real estate of this case, had been initiated with Jeju District Court I for voluntary auction procedure regarding the entire real estate of this case, and each of the above auction procedures was combined.

In the above auction procedure on September 26, 2014, to Jeju Special Self-Governing Province, which is the holder of the right to deliver the entire real estate in the order of 547,180 won, 48,436,940 won, and 45,316,359 won, and 337,960 won, 465 won, and 45,720,425 won, each of which is distributed to the defendant, who is the mortgagee of the right to collateral security concerning the entire real estate in the order of 5,316,359, and 437,960 won, to the National Health Insurance Corporation, who is the holder of the right to deliver the shares in the order of 45,382,465 won, and E, who is the holder of the right to demand distribution concerning the