1. The plaintiff's claim is dismissed.

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

Facts of recognition

Plaintiff and C have completed the marriage report on August 9, 2013, and the Plaintiff has completed the marriage report.

9.9. The registration of ownership transfer was completed on the instant real estate that was one’s own possession by gift C in the future.

Then, the Plaintiff filed a lawsuit against C to seek the cancellation of donations and the restoration of the said real estate on the grounds of his/her nonperformance of the duty to live together and support (U.S. District Court Decision 2015Da7192). On November 10, 2015, the above court rendered a judgment that “C shall implement the procedure for cancellation of ownership transfer registration for the instant real estate to the Plaintiff,” and the said judgment became final and conclusive on December 17, 2015.

C On April 5, 2016 and January 6, 2017, the registration of each of the instant real estates was completed in the future of the Defendant.

(Reasons for recognition) Facts without dispute, Gap evidence 1, Eul evidence 1, and the purport of the whole pleadings.

Plaintiff’s assertion

The Defendant, in collusion with C, completed the registration of establishment of each right to collateral security regarding the instant real estate with the intent to harm the Plaintiff.

Therefore, since each of the above registrations of collateral security is null and void, the defendant must implement the registration procedure for cancellation of the above registration to the plaintiff.

Judgment

The plaintiff's assertion is invalid as a false registration made in collusion with the defendant and C, or is composed of intent to harm the plaintiff, and it seems that each contract to establish a mortgage should be revoked.

First of all, as to the assertion that the above registration is null and void, there is no evidence to confirm the following circumstances, which are acknowledged by the evidence as seen earlier and the respective statements and arguments set forth in Nos. 2 and 3 (including each number), i.e., the Defendant lends C the amount of KRW 13 million on April 5, 2016, KRW 5 million on June 6, 2017, and completed each of the instant collateral security registration as a security, and ② there is no evidence to confirm that C and the Defendant had a relation with each of the above registrations prior to the completion of each of the above registrations.