1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 19, 2003, the Plaintiff filed a lawsuit against Nonparty C for the claim for the amount of the transfer income (2003Gahap1399) with the Gwangju District Court, which rendered a judgment on September 19, 2003 that “C shall jointly and severally pay to the Plaintiff KRW 385,216,18 won and KRW 110,396,449, and any delay damages incurred therefrom to the Plaintiff.”

The above judgment was finalized on October 28, 2003.

B. C was the owner of B forest land B 24,298 square meters (hereinafter “instant real estate”). As to the instant real estate as to December 26, 1997, the registration of establishment of a neighboring mortgage in the Defendant’s name (hereinafter “registration of establishment of a neighboring land”) was completed by the Jeonju District Court No. 29388, Dec. 26, 1997, with respect to the instant real estate as the maximum debt amount KRW 20 million, and C, the debtor, as the debtor.

다. E은 피고의 처남이고, C은 피고의 처남댁으로, E과 C은 부부관계였다.

C died on October 17, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5 and the purport of the whole pleadings

2. Since the Defendant, as the cause of the claim, completed the registration of the establishment of the mortgage of this case by means of a false conspiracy with C, or the secured debt of this case was extinguished by prescription, the Defendant is obligated to implement C the registration procedure for cancellation of the registration of the establishment of the mortgage of this case.

3. Determination

A. Although the Plaintiff asserts that the establishment registration of a mortgage of this case was completed by a false conspiracy, there is no evidence to acknowledge the false conspiracy.

Rather, comprehensively taking account of the overall purport of the arguments in the statements Nos. 1 and 2, C entered into a mortgage agreement with the Defendant on December 10, 1997, which provides the following: (a) on December 10, 1997, C entered into a mortgage agreement with the Defendant to provide the real estate of this case as security for the aforementioned loan obligation: (b) on December 10, 200, C entered into a repayment term of KRW 15 million with the Defendant on December 10, 200; and (c) on December 22, 1997, C entered into a mortgage agreement with the Defendant on December 22, 197.