1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 24, 2012, the Plaintiff concluded a contract to purchase the instant real estate from D and paid all the purchase price, but on May 31, 2012, the Plaintiff sold KRW 661 square meters among the instant real estate to E in KRW 110,00,000, while the transfer of ownership was not completed. On July 4, 2012, the Plaintiff concluded a contract to sell KRW 661 square meters among the instant real estate in KRW 120,000,000.

B. Meanwhile, on the other hand, on August 17, 2012, D completed the registration of creation of a collateral to F with regard to the instant real estate as indicated in the claim of KRW 200 million with the maximum debt amount. However, on December 17, 2013, D transferred the registration of establishment of a collateral security to the Defendant regarding KRW 140,000,000 as a result of partial assignment of the confirmed claim, and again, the registration of alteration of the right to collateral security, the maximum debt amount of which is KRW 140,000,000, was completed on April 9, 2014.

(hereinafter the Defendant’s future collateral security (hereinafter “instant collateral security”) C.

On January 15, 2013, the registration of ownership transfer was made in D on the instant real estate in the name of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. (1) Determination as to the main argument of the Plaintiff’s assertion (1) by deceiving Nonparty G, who was acting as a broker for the Plaintiff to purchase the instant real estate from D from D and sell it to E and F, without the Plaintiff’s permission, that “the Plaintiff should establish and deliver a collateral security right so that the Plaintiff would have paid the purchase price in full,” and received documents necessary for the establishment of the collateral security from D from D, and forged the written contract for establishment of the collateral security right in the name of D and F, and completed the establishment of the collateral security right in the instant case. Therefore, the Defendant

(2) If the establishment registration of a neighboring mortgage has been completed, the registration is presumed to have been lawful and to have disclosed the real state of rights, so the registration is made.