1. All of the instant lawsuits are dismissed.

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

1. Basic facts

A. On October 8, 2009, the Defendant paid KRW 28,650,000 to the Plaintiff with interest rate of KRW 30,000,00 on the 2% per month and the 7th day of the payment of interest, except for advance interest, and paid KRW 28,650,00 to the Plaintiff.

(B) The above loan is “the instant loan” and the contract concluded for the occurrence of the instant loan is “the instant loan for consumption” (hereinafter “the instant loan for consumption”).

On October 8, 2009, the Defendant completed the registration of creation of the right to collateral security (hereinafter “mortgage”) with the obligor’s claim amounting to KRW 45,00,000 with respect to the instant real estate owned by the Plaintiff on October 8, 209.

C. On July 29, 2016, the Defendant filed an application for voluntary auction based on the instant right to collateral security with the Incheon District Court C, and on July 29, 2016, the said court rendered a decision to commence an auction procedure and seize the instant real estate for the Defendant (hereinafter “instant decision”).

[Based on Recognition - Unstrifed Facts, Gap evidence 1, 7, Eul evidence 1, 2, and 4 (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination on the legitimacy of the instant lawsuit

A. The Plaintiff’s assertion on the instant loan for consumption and the instant mortgage contract was canceled by creating a new contract on June 25, 2015 between the Plaintiff and the Defendant, which was based on the Defendant’s alteration of and events to the said private document, false entry in the authentic copy of the authentic deed, litigation fraud, etc.

Therefore, the right to collateral security of this case must be cancelled as a cause invalidation, and the decision of this case must be cancelled.

B. We examine ex officio the part of the lawsuit of this case seeking revocation of the decision of this case, and the plaintiff can file an objection against the decision of this case pursuant to Articles 268 and 86 of the Civil Execution Act, and cannot seek revocation of the decision of this case against the defendant due to civil litigation.