1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to the real estate indicated in the attached list of real estate owned by the Plaintiff (hereinafter “instant real estate”), the establishment registration of a mortgage was completed near the amount of KRW 130,000,000 for the debtor, the creditor, and the maximum debt amount on February 9, 2010, based on the contract to establish a contract on the same day.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) B.

On the other hand, C is a licensed real estate agent as the former spouse of the Plaintiff, and the Defendant requested C to sell “1/4 shares out of E land in Namyang-si, the Namyang-si,” and on February 9, 2010, C agreed that the obligee and the maximum debt amount with respect to the instant real estate shall be KRW 90 million, to secure the remaining purchase price of the said real estate.

[Ground of recognition] Evidence Nos. 1, 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The purport of the Plaintiff’s assertion is that the registration of creation of a neighboring mortgage of this case is null and void on the following grounds.

(1) Upon C’s request, the Plaintiff created the instant right to collateral security by using the said certificate of seal imprint without the Plaintiff’s consent or authority.

(2) Even if the above paragraph (1) is not recognized, the Plaintiff is not liable to the Defendant, and there is no obligation to guarantee the right to collateral security.

B. (1) Whether C voluntarily created the instant right to collateral security (A) the Plaintiff asserted that C has the right to file a report on the establishment of the instant right to collateral security, and in full view of the following circumstances, the Plaintiff appears to have prepared documents necessary for the establishment of the instant right to collateral security, thereby allowing C to prepare a report on the establishment of the instant right to collateral security, or C to know that the said right was established.

(1) Where applying for registration of creation of a right to collateral security, the certificate of registration and certificate of seal impression of a person responsible for registration is essential.