1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall have the Goyang District Court senior registry office.

1. Basic facts

A. On June 28, 2012, the Plaintiff sold the real estate listed in the separate sheet (hereinafter “instant real estate”) in the procedure for voluntary auction in Gyeyang-gu District Court (Seoul District Court) (hereinafter “instant voluntary auction procedure”) and completed the registration of ownership transfer in the name of the Plaintiff regarding the instant real estate on the same day.

B. On June 28, 2012, the Defendant completed the registration of creation of a neighboring mortgage as stated in Paragraph (1) of the Disposition against the Plaintiff, the obligor, and the mortgagee, on the ground of the contract to establish the instant real estate on the same day.

(hereinafter referred to as “the instant establishment registration” or “the instant collateral security”) . [Grounds for recognition] without dispute, entry of evidence No. 3, and purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion D intentionally accessed the Plaintiff’s parent of the instant real estate during the instant voluntary auction procedure, and completed the registration of the establishment of a mortgage of this case by falsely obtaining more specific documents necessary for the registration of the establishment of a mortgage of this case as necessary at the successful bid site. In fact, there is no secured claim of this case.

Therefore, since the registration of the establishment of a neighboring mortgage of this case is the registration of the invalidity of cause, the defendant is obligated to cancel it to the plaintiff.

B. In order to obtain a successful bid of the instant real estate, the Plaintiff: (a) borrowed KRW 320 million from the Defendant to secure the loan claim; and (b) completed the registration of the establishment of the instant neighboring mortgage in order to secure the loan claim.

3. Determination

(a) The right to collateral security is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future (Article 357(1) of the Civil Act), which is established for the purpose of securing a certain range of unspecified claims arising from continuous transaction (Article 357(1) of the Civil Act).