1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 21, 2004, the Plaintiff and C jointly purchased 550,712 square meters of D forest land (hereinafter “real estate prior to partition”) and entered them in a co-ownership relationship by the Plaintiff on October 13, 2004 as to their 4/5 shares and 1/5 shares, respectively, by completing the registration of ownership transfer.

B. On April 24, 2006, C entered into a mortgage contract with the Defendant with a maximum debt amount of KRW 1,600,000,000 as to the share C 1/5 of the immovable property prior to the division. Accordingly, on the same day, C registered the establishment of a mortgage in the name of the Defendant as to the above share 1/5 on the grounds of the said mortgage contract.

(hereinafter) The foregoing right to collateral security is “the instant right to collateral security,” and the registration of the establishment of the instant right to collateral security is abbreviationd by “the registration of the establishment of the instant right to collateral security”).

The Plaintiff and C divide the real estate before subdivision on June 26, 2006 into the real estate indicated in the separate sheet (hereinafter “instant real estate”) and the E Forest land E 110,142 square meters (hereinafter “E real estate”). The Plaintiff and C completed the registration of transfer of ownership in the Plaintiff’s name and E real estate, respectively.

(hereinafter “instant division”) D.

On the other hand, the registration of the establishment of a neighboring real estate of this case, simultaneously with the division of this case on the entire certificate of registered matters, was transferred to 1/5 of shares corresponding to the shares C in all real estate of this case and E.

E. On September 16, 2015, the Defendant filed an application for the auction of real estate rent with the original state support fund of the Chuncheon District Court as to E’s real estate based on the instant right to collateral security, and received a decision to commence the auction from the same court.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including provisional number), Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1’s mortgage of this case is null and void as the secured debt is nonexistent or based on false agreement or false agreement.

(2)