1. The plaintiff's claim is dismissed.

2. On September 20, 2012, this Court

Basic Facts

On October 22, 2010, the Plaintiff: (a) registered the establishment of a mortgage on the amount of KRW 150 million with respect to the amount of the maximum debt; (b) the mortgagee; (c) the Defendant, the debtor; and (d) the Plaintiff as the Plaintiff, on October 22, 2010, with respect to the amount of the pertinent land owned by the Plaintiff (hereinafter “instant land”).

(hereinafter “instant right to collateral security (hereinafter “instant order”). The Defendant asserted that the Plaintiff did not pay interest on the loan amounting to KRW 150 million against the Defendant despite having a debt to the Defendant, and filed an application for the payment order with the Plaintiff seeking payment of the said KRW 150,000,000 and its interest or delay damages. The instant order was issued against the Plaintiff on April 18, 2012 upon acceptance of the said application. The said order was finalized on May 5, 2012.

On the basis of the above finalized payment order, the defendant applied for compulsory auction of real estate to this court E, and the decision of compulsory auction of the land of this case owned by the plaintiff was rendered on June 12, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-2, 2, 2-2-1, 3, 3-3, 4-1, 2, 3, 4-4-2, 4-2, 4-4, 5-2, and the purport of the whole pleadings, and the plaintiff's assertion as to the purport of the whole argument, and the plaintiff's assertion as to the purport of judgment, although the debtor is not the plaintiff, the defendant set up the mortgage-backed security contract of this case by forging the above contract as if the debtor had obtained a seal from the plaintiff as if he is the debtor.

Therefore, it is inappropriate for the defendant to apply for a compulsory auction on the basis of a payment order issued by the plaintiff who is merely a surety to secure another's property as the debtor.

Judgment

The following facts are comprehensively taken into account the following: Gap evidence No. 7-1, 2, 3, Eul evidence No. 1, 2-1, 2, 3, and 4-1, 2, 3, and 4.