1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The registration of ownership transfer was completed under the Plaintiff’s husband’s husband’s name with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”). However, the registration of the establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) was completed on May 23, 2008 with respect to the instant real estate as the amount of maximum debt amount of KRW 195,00,000,000 with respect to the Busan District Court’s Branch Branch Branch Office No. 10157, May 23, 2008.

B. After the death of C, the registration of transfer of ownership in the name of the Plaintiff was completed on August 22, 2009 due to the inheritance due to a consultation division, which was received on June 23, 2011 from the Busan District Court Seo- Branch Branch of Busan District Court (15603, June 23, 2011).

C. On May 23, 2008, when the registration of the establishment of the neighboring mortgage of this case was completed, D Co., Ltd., the debtor of this case, was F Co., Ltd. and G Co., Ltd., the debtor of this case. The defendant transferred KRW 150 million to D’s account.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Eul evidence 1-1-2, Eul evidence 1-2, Eul evidence 3, Eul evidence 4-1-3, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserts that the registration of establishment of a new mortgage of this case is null and void inasmuch as it is evident that C’s certificate was not attached at the time of the application for the registration of establishment of a new mortgage of this case since it was not issued for one year (from May 23, 2007 to May 23, 2009) before and after the time when the registration of establishment of a new mortgage of this case was completed, since it cannot be deemed that the Defendant lent KRW 150 million to D or F to D or F, and therefore, the registration of establishment of a new mortgage of this case is null and void.

In regard to this, the Defendant lent F KRW 150 million to F at the time of completion of the registration of creation of the neighboring mortgage of this case.