1. The plaintiff's claim is dismissed.

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

1. On November 27, 2018, the Plaintiff drafted an application and an agreement on the loan of the loan principal amounting to KRW 50 million, interest rate of KRW 9.9% per annum, and the Defendant’s complaint form, the loan period of which is 48 months, (hereinafter “instant application”).

On November 28, 2018, the Defendant paid 50 million won for loans, and on the same day, the registration of the transfer of the name of the automobile was completed in the name of the Plaintiff as to the motor vehicle listed in the attached Table (hereinafter “instant motor vehicle”).

On November 30, 2018, the Defendant completed the registration of the creation of mortgage of 25 million won at the claim price C as received on November 30, 2018.

[Ground of recognition] Facts without dispute, Gap 2, 3, 4, 5, 6 (including each number in the case of virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion did not have entered into a loan agreement with the Defendant on November 27, 2018 on the loan principal (hereinafter “instant loan agreement”) at the rate of KRW 50 million, interest rate of KRW 9.9% per annum, and the loan period of KRW 48 months.

The Plaintiff did not have awareness of the instant loan agreement, and the instant loan agreement and mortgage contract on the instant motor vehicle are null and void since D et al. used the Plaintiff’s name by stealing.

Therefore, there is no obligation of 50 million won under the loan agreement of this case against the defendant of this case.

In addition, since the registration of the establishment of mortgage, which was completed with the mortgagee as the defendant in accordance with the invalid loan agreement of this case, is null and void, the defendant is obligated to implement the registration procedure for the establishment of mortgage.

B. The following circumstances cited prior to the determination are acknowledged by adding the overall purport of the pleadings to the items in the evidence cited prior to the determination, B, B, C, and C, and the Defendant voluntarily signed the application of this case, and to verify whether the loan is possible by communicating with the Plaintiff in advance with the Plaintiff for credit information inquiry before the Plaintiff prepares the application of this case.