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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On October 25, 2002, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “102”) and completed the registration of ownership transfer on October 31, 2002.
Upon the request of her relative B, the Plaintiff consented to the creation of the right to collateral security in 102 so that B may borrow 50 million won or more, and delivered all documents necessary for the establishment of the right to collateral security to B, and comprehensively delegated B with the establishment of the right to collateral security in 102.
B decided to borrow funds of 50 million won from C as security of 102, and by having C and D certified judicial scriveners receive all documents necessary for the registration of the establishment of the neighboring mortgage regarding 102, thereby comprehensively re-establishing the establishment of mortgage regarding 102.
At that time, C, on November 8, 2012, prepared a statement of payment (A 5) to the effect that “The amount of KRW 50 million out of the amount borrowed as security 102 shall be paid to B by December 30, 2012, and if the amount of KRW 50 million is not paid by the said date, C shall promptly terminate the registration of creation of a neighboring mortgage established on the said real estate and deliver it to B.”
However, with a view to continuously engaging in high-end transactions from the Defendant who had engaged in ordinary high-end transactions instead of lending KRW 50 million to B, C, using the document of creation of a collateral security that was received from B to secure the existing high-end payment obligation of KRW 65 million against the Defendant, the Incheon Southern District Court completed the registration of creation of a mortgage (hereinafter “registration of creation of a collateral security right of this case”) with regard to KRW 102 as to the obligor E, the mortgagee, the Defendant, and the maximum debt amount of KRW 130 million as of November 28, 2012.
C is prosecuted as a crime of fraud by Seoul Central District Court 2014Da3765 with respect to these acts and currently under trial of the first instance court. The facts charged against C are set up as a collateral if it brings about the goods to be provided to the Plaintiff as a collateral around July 2012.