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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In order to secure the Defendant’s business fund obligation, the Plaintiff completed the registration of creation of a mortgage with the maximum debt amount of KRW 39 million in the future on June 26, 1991, the registration of creation of a mortgage with the maximum debt amount of KRW 40 million in the name of the Joseon-si D, the Plaintiff owned by the Plaintiff (hereinafter “the instant real estate”) and the building on the ground thereof, and the registration of creation of a mortgage with the maximum debt amount of KRW 9 million in the future on February 11, 1992, the registration of creation of a mortgage with the maximum debt amount of KRW 39 million in the future on February 11, 1992, and the registration of creation of a mortgage with the maximum debt amount of KRW 9.9 million in the future on July 7, 1993.
B. However, as the Defendant failed to repay the above business funds, it applied for the auction of the instant real estate to this court E with respect to the instant real estate based on each of the above collateral. In the voluntary auction procedure, F acquired the ownership of the instant real estate by fully paying the proceeds of the auction on September 5, 2003.
C. In the above voluntary auction procedure on October 14, 2003, the distribution schedule was finalized on October 14, 2003 that distributes the total amount of KRW 40 million to Macju Co., Ltd., totaling KRW 89 million to Macju Co., Ltd., and KRW 49 million to Macju Co., Ltd., and KRW 9.9 million to White Co., Ltd., respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings
2. Determination
A. The Defendant’s judgment on the main defense of this case’s lawsuit was delegated by the Plaintiff to the Plaintiff’s attorney by asserting that the Plaintiff’s ASEAN was delegated with the litigation affairs on July 2012. However, the Plaintiff was unable to make a normal judgment on dementia before several years, and was missing at the beginning of August 2013, and thus, B cannot be deemed to have been delegated with the affairs related to the instant lawsuit by the Plaintiff, and thus, the Plaintiff’s attorney is the Plaintiff’s attorney.