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, 2002, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. C borrowed money from D, and on June 26, 2012, the Plaintiff, as a security for the loan debt, completed the registration of the creation of the right to collateral security (hereinafter “mortgage 1”) with respect to the instant real estate, with the maximum debt amount of KRW 30 million,00,000,000, the debtor C, and the mortgagee D, and the registration of the creation of superficies (hereinafter “the instant superficies”) with a maturity of 30 years from June 25, 2012.

C. On November 13, 2012, E acquired from D the first right to collateral security, the secured claim, and superficies of this case. On November 14, 2012, E completed the first right to collateral security and the transfer of superficies of this case.

E applied for voluntary auction (hereinafter “voluntary auction of this case”) with respect to the instant real estate based on the first collateral security, to the Seocho District Court’s early branch court, and rendered a voluntary decision to commence the auction on February 6, 2015, and issued a decision to permit sale on July 27, 2015.

E. Accordingly, the Plaintiff and C delegated their resident registration certificates and seal imprints to H, who had worked as the secretary in law firm G, for the purpose of preventing the voluntary auction of this case.

F. On August 9, 2015, H settled the secured claim amount of the first right to collateral (including interest, auction expenses, etc.) at KRW 43,269,700, which was paid in cash, and made an agreement with the Defendant, who is the wife of E and E, to the effect that he would repay the remainder of KRW 23,269,700 within six months, and to the Defendant to the effect that he would cancel the first right to collateral and withdraw the application for voluntary auction (hereinafter “instant agreement”) on the instant real estate under the condition that the Defendant would create the right to collateral (hereinafter “instant agreement”).

G. H in accordance with the instant agreement.