The plaintiff's primary claim is dismissed.

Of the instant lawsuit, the conjunctive claim is dismissed.

The costs of lawsuit.

1. Basic facts

A. The Plaintiff is the owner of 392m2 and 190m2 (hereinafter “instant land”) in Gangseo-si, Gangnam-si.

B. As to the instant land and the building on its ground, the registration of creation of a mortgage on April 29, 2019, with the maximum debt amount of KRW 350,000,000, and the debtor, the plaintiff, and the mortgagee, had been completed.

(hereinafter referred to as "the establishment registration of the first place of establishment). (c)

On June 28, 2019, the registration of creation of a mortgage over the instant land was cancelled, and on the same day, the right to collateral security was established with the maximum debt amount of 208,000,000 won, the debtor, the defendant, and the E-mortgage.

On July 9, 2019, regarding the instant land, the registration of creation of a neighboring mortgage against the debtor, the plaintiff, and the mortgagee was re-issued with the maximum debt amount of KRW 350,000,000,000.

(hereinafter referred to as "the creation of a mortgage of this case". 【The ground for recognition】 the fact that there is no dispute, Gap evidence 1-2, and the purport of the whole pleadings.

2. Judgment as to the main claim

A. On June 4, 2019, the Plaintiff concluded a contract with Nonparty F to sell the instant land and its ground buildings for KRW 700 million.

F) Although F paid any balance by newly building the instant land and paying any balance, F completed the establishment registration of the first place of the establishment of the mortgage by deceiving F, by requiring F to prepare documents in support of the Certified Judicial Scriveners’s office, as necessary, while the intermediate payment was not paid, and by allowing F to prepare for the first place of the establishment of the mortgage. Since F is necessary for the construction cost, F obtained a loan from E Union and deleted the establishment of the first place of the mortgage security right as part of the loan, F completed the establishment registration of the mortgage of this case, which is the same as the establishment registration of

The plaintiff was only aware of the document related to the right to collateral security of the E Union, and the F was established by using the fact that the document was not properly read, while the F was incapable of understanding the document.

Therefore, this is applicable.