1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B and C purchase 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) from D around February 21, 2012, and completed the registration of ownership transfer as to each of the above real estate on February 28, 2012.

B. On June 17, 2014, B completed the registration of creation of the right to collateral security of KRW 20,000,000 with respect to the share of KRW 1/2 (the ownership of the instant real estate (hereinafter “instant share”) among the instant real estate to the Defendant, and thereafter completed the registration of transfer of ownership on November 18, 2014 to the Defendant on November 11, 2014.

C. On April 29, 2014, the Plaintiff received a payment order stating that “B shall pay to the Plaintiff KRW 12,829,525 per annum from March 26, 2014 to the service date of the payment order, 12% per annum, and 20% per annum from the next day to the payment date,” and the said order was finalized on May 17, 2014.

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

2. Summary of the parties' arguments

A. The summary of the cause of the Plaintiff’s claim was that the Defendant set up a right to collateral security with respect to the instant shares, which are his entire property, and sold thereafter.

However, the act of establishing the right to collateral security of this case is based on the false declaration of conspiracy with no claim, and the registration of ownership transfer based on the sale should be revoked.

B. The gist of the Defendant’s argument E is that the instant real estate was purchased in KRW 42,00,000 to use it as a memorial soil around February 2012, but it was impossible to register the ownership of the same in the future of a clan because the land category was “responding.”

Therefore, the registration title was inevitably entrusted to the clan B and the clan C.

Therefore, the registration of the establishment of a mortgage and the transfer of ownership in the name of the defendant is required to be returned by the defendant B.