1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 22, 2011, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant officetel”) which was owned by C as at the time from March 22, 201, for a fixed period of KRW 55 million and two years from March 26, 2011, and completed the move-in report on March 28, 201, and obtained the fixed date on the said lease contract.

B. On November 23, 2011, the registration of transfer of ownership was completed under the name of D on September 16, 201 with respect to the instant officetel. On May 6, 2013, the Plaintiff applied for a payment order against D, who succeeded to the lessor status of the said lease contract, and was issued an order to pay KRW 55 million from the same court on May 14, 2013. The said payment order became final and conclusive on June 5, 2013.

C. On August 8, 2014, the Plaintiff received a decision to commence the auction of the instant officetel from the Incheon District Court E based on the original copy of the above payment order finalized on August 8, 2014. The Plaintiff was awarded a successful bid on July 9, 2015 by F. The Plaintiff received the total amount of KRW 10,375,912 on the date of distribution.

On July 23, 2015, with respect to the instant officetel, the establishment registration of a mortgage (hereinafter “instant mortgage registration”) was completed on July 23, 2015, on the following grounds: (a) the contract to establish a mortgage and the maximum debt amount of KRW 48 million; (b) the debtor F; and (c) the establishment of a mortgage (hereinafter “mortgage registration”).

E. On November 19, 2015, the Incheon District Court issued a ruling to commence the instant officetel upon the Defendant’s application, a mortgagee of the instant mortgage.

(G) [Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 to 6, the purport of the whole pleadings.

2. There is no evidence to deem that the mortgage contract of this case concluded between the defendant and F on the ground of the cause of the claim is the same as the piece of a false agreement.

The purport of the whole pleadings is as follows: Gap evidence 5, 6, Eul evidence 1, 3 through 9.