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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 15, 2014, the Plaintiff completed the registration of ownership transfer due to the sale of the real estate listed in the attached list on the same day (hereinafter “the apartment of this case”) from the sale price of KRW 250,000,000,000 in the Chuncheon District Court’s Voluntary Auction Procedure (hereinafter “instant Auction Procedure”).
B. Around January 27, 2014, the Defendant completed the registration of creation of a mortgage on the apartment of this case under the name of the Defendant, a maximum debt amount of KRW 70 million, and a debtor’s establishment of a mortgage on the apartment of this case, based on the contract established as of January 24, 2014.
(hereinafter referred to as “instant collateral security”). [Ground of recognition] A without dispute, entry of evidence No. 1, and the purport of the entire pleadings
2. The assertion and judgment
A. The gist of the parties' assertion asserts that the Plaintiff did not conclude a contract to establish the instant mortgage with the Defendant, and that the Plaintiff did not grant the Plaintiff's right to represent the establishment of the instant mortgage to Nonparty D, the husband of the Plaintiff, so the instant right to collateral security is null and void since it has no ground to do so.
In the auction procedure of this case, the defendant borrowed part of the proceeds from the purchase of the apartment of this case by the plaintiff's husband D on behalf of the plaintiff, and set up the mortgage of this case as security for the loan money. Thus, the plaintiff granted the right of representation for the acquisition of the apartment of this case to the above D, and even if it is not so, the plaintiff granted the right of representation for the acquisition of the apartment of this case. Based on the right of representation, D borrowed money necessary for the purchase price with the plaintiff's seal certificate and personal seal certificate while acquiring the apartment of this case in the auction procedure of this case in the name of the plaintiff, and created the mortgage of this case. The defendant believed that D has the right of representation for the plaintiff.