1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 29, 2017, the Plaintiff entered into a sales contract with the Plaintiff on the purchase price of KRW 2,50,000,000 with regard to the Chungcheong-gun C and D Forest (hereinafter “instant real estate”) owned by the Plaintiff.

B. On May 30, 2017, E drafted an authentic deed of a loan for consumption (quasi-loan for consumption) agreement between the Defendant and the Defendant to pay KRW 500 million, and to pay it by August 25, 2017.

On May 30, 2017, the Defendant remitted KRW 200 million to E.

C. On May 30, 2017, on the instant real estate, the Plaintiff entered into a mortgage agreement with the Defendant, the Defendant, the amount of claims secured by the Defendant, the amount of KRW 6.5 million, and the obligor E, and on the following day, on May 31, 2017, the establishment registration of the mortgage was completed over the amount of KRW 6.5 million in total with the amount of claims secured by the Defendant, the obligor, and the obligor.

(hereinafter referred to as the “mortgage of this case”) . The ground for recognition . 【No dispute exists, Gap 1, 2, Eul 1 through 6 (including, if any, additional statements), the purport of the whole pleadings.

2. The Plaintiff, upon entering into a sales contract with E, agreed to set up a collateral security on the instant real estate and pay the purchase price with funds procured through the establishment of collateral security.

The Plaintiff introduced the certificate of the personal seal impression and seal impression to F, and the instant collateral security was established at the F’s initiative without knowing the content of the instant collateral security, which is the mortgagee, and was not paid the purchase price.

Therefore, the registration of establishment of the right to collateral security of this case was made by mistake on the important part of the contract establishing the right to collateral security of this case, and it was voluntarily made by F and E fraud, and thus revoked.

In addition, since a monetary loan agreement entered into between the Plaintiff and E, which is the secured debt of the instant right to collateral security, the instant right to collateral security should be cancelled.

3. Determination

(a) The registration of establishment of a neighboring real estate is directly made by the owner of the real estate;