1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 13, 2014, the Yongsan Saemaul Depository, the Plaintiff’s creditor, filed an application for voluntary auction based on the right to collateral security established on the instant real estate owned by the Plaintiff and received a decision to commence voluntary auction. Around that time, the voluntary auction procedure regarding the instant real estate was initiated.

B. On June 10, 2014, the Plaintiff: (a) reported the front page stating “D,” and contacted C with the Plaintiff; (b) on behalf of the Plaintiff, the Plaintiff’s wife issued C a certificate of the Plaintiff’s personal seal impression, certificate of the personal seal impression, and passbook in the Plaintiff’s name; and (c) drafted a loan certificate (No. 2; hereinafter “this case’s loan certificate”) and a mortgage contract document (No. 3; hereinafter “instant mortgage contract”).

C. On June 10, 2014, the Defendant received contact from C with the Plaintiff and remitted KRW 46,000,000 to the Plaintiff’s account. On the same day, the registration of the establishment of the mortgage over the instant real estate was completed by the Daegu District Court No. 18578, Jun. 10, 2014, the maximum debt amount of KRW 70,000,000, the debtor, and the mortgagee as the Defendant.

C received KRW 46,00,000 from the Plaintiff’s account by means of the Plaintiff’s seal imprint, passbook, etc., which was possessed on June 11, 2014.

E. A request for a provisional auction was withdrawn on June 13, 2014.

[Ground of recognition] Evidence Nos. 1 through 3-1, 2, Eul's Evidence Nos. 2 and 3, witness E's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1, via C, agreed to borrow only approximately KRW 2,800,000 as interest on loans from the KOBF and auction expenses, etc. necessary for the withdrawal of the application for voluntary auction from the KOB, and C without any authority, without any authority, entered the loan amount of this case as KRW 46,00,000, and the creditor column as the Defendant.

Therefore, the loan certificate of this case and its basis are based.