1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 16, 2008, the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the land and buildings registered under the name of the Plaintiff, the maximum debt amount of KRW 390 million on May 16, 2008, which was KRW 764, D, 764 square meters, E, 764 square meters, F, 876 square meters, and F, F,876 square meters and above F, which were registered under the name of the Plaintiff (hereinafter “instant real estate”).

B. On May 26, 2008, according to the voluntary auction application of the 4-dong Saemaul Depository, a mortgagee on the instant real estate, the procedure for the voluntary auction of real estate was initiated with the Daejeon District Court Hongsung Branch H on May 26, 2008.

C. In the instant auction procedure on March 23, 2009, the Defendant received dividends of KRW 307,750,852 out of KRW 903,224,256, which was the proceeds from the sale of the instant real estate as the mortgagee of the right to collateral security.

On the other hand, the defendant was prosecuted for the crime of fraud that "the defendant, along with G, conspired to establish the false collective security right in the name of the defendant in the real estate of this case, and acquired dividends by deceiving the court by submitting the claim statement based on the collective security right of this case and receiving dividends of KRW 307,750,852 in the auction procedure of this case after establishing the collective security right of this case with the amount of 390,000,000 won." On July 9, 2013, the defendant was sentenced to two years of suspended sentence (one year of suspended sentence of imprisonment in the case of G), for one year of imprisonment (one year of suspended sentence in the case of imprisonment with prison labor in June) with the Daejeon District Court was sentenced on July 9, 2013, and the above judgment was finalized around that time.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, Eul evidence 10, 16, 18, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant right to collateral security is null and void since it was established by means of false representation of agreement without the actual obligation between G and the Defendant.

The defendant is null and void.