1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Facts of recognition;

A. On January 18, 2017, the Plaintiff purchased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”), and entered into an entrustment management contract with E (hereinafter “instant association”). The instant association completed the registration of ownership on the instant motor vehicle in accordance with the entrustment management contract.

B. On April 28, 2017, the instant association completed the registration of ownership transfer in the name of a limited liability company F.

C. Meanwhile, on February 15, 2017, the Defendant registered the creation of mortgage (hereinafter “registration of mortgage of this case”) on the instant automobile with the bond value of KRW 50 million as the claim value of the instant automobile as the G (H) received on February 15, 2017. Based on the registration of mortgage of this case, the Defendant filed an application for voluntary auction on the instant automobile and received the order to commence voluntary auction (hereinafter “voluntary auction”) from the Ulsan District Court I on August 13, 2018, and the instant automobile was seized.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Gap 6, 9, and 19 evidence (including additional numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the instant automobile was invested in the instant association under the consignment management contract and registered as ownership in the name of the instant association, but the actual owner of the instant automobile was the Plaintiff.

The registration of the mortgage of this case shall be cancelled because it is based on a false claim, and the voluntary auction of this case based on the registration of the mortgage shall be rejected.

B. (1) Determination (1) A lawsuit by a third party of the relevant legal principles is a lawsuit claiming that there exists ownership on the subject-matter of the execution, or that is entitled to prevent the transfer or delivery of the subject-matter of the execution, and seeking an objection against and excluding the transfer or delivery of the subject-matter of the execution against the creditor by that third party. In this case, ownership and other subject-matter of the execution may be prevented.