1. The plaintiff's claim is dismissed.

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

1. With respect to each land stated in the purport of the claim for a basic fact (hereinafter “instant land”), the registration of creation of mortgage (hereinafter “registration of mortgage”) on June 3, 2014 was completed respectively on the basis of the maximum debt amount of KRW 25 million, the debtor, the debtor, and the defendant, the mortgagee, and the mortgagee, respectively.

[Based on recognition] Each entry of Gap evidence No. 1 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that E, while borrowing money from F in the name of the plaintiff, prepared a document to provide the land of this case as security. However, the plaintiff did not borrow 25 million won from the defendant, and therefore, the registration of the right to collateral security should be cancelled in the form of invalidation of the cause.

B. Where a mortgage is created by providing real estate owned by an obligor as collateral for the purpose of mortgage security, in principle, in light of the subsidiary nature of the security right, the claims and mortgage cannot be different from the subject. However, in special circumstances where an agreement was made between the obligee, the obligor, and the third party regarding the registration of mortgage in the name of a third party, not the creditor, and where special circumstances exist that make it possible to deem that the claim was actually attributed to the third party, or where the third party is not based on the transaction circumstances, but the third party is able to receive the claim effective from the obligor, and the obligor can also be deemed to have an indivisible relationship between the obligee and the third party, who is the creditor or the nominal owner of the mortgage, in other words, the registration of mortgage in the name of the third party is also valid.

(See Supreme Court Decision 2010Da54924 Decided May 13, 201, and Supreme Court Decision 2008Da64478 Decided November 26, 2009, etc.). Moreover, even if a person who has pledged his/her property to secure another’s property as a debtor has completed the registration of establishment of a new mortgage, it shall be deemed null and void.