1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 30, 2008, the network D, the owner of each real estate indicated in the separate sheet (hereinafter “instant real estate”) concluded a contract to establish a collateral security agreement between the former Agricultural Cooperative and the debtor’s network, which is the maximum debt amount of the instant real estate amount of KRW 280,000,000, and the debtor’s network.

On July 2, 2008, the former Agricultural Cooperative completed the registration of the establishment of a mortgage on the instant real estate (hereinafter “instant mortgage”) in accordance with the aforementioned mortgage contract.

B. On December 14, 2008, the deceased D’s death on December 2008, the deceased’s successors, including the Plaintiff and the Defendant, agreed on the division of inherited property that the Plaintiff and the Defendant would share one-half shares of each of the instant real estate.

Accordingly, the plaintiff and the defendant completed the registration of ownership transfer on April 14, 2009 by 1/2 shares each due to inheritance by the above division.

C. On May 4, 2009, the Defendant decided to accept the former Agricultural Cooperative’s obligations against the network D with the U-gu Agricultural Cooperative on a discharge of liability. On May 6, 2009, the Defendant completed the registration changing the debtor’s name of the instant right to collateral security to the Defendant.

On April 20, 2015, the former Agricultural Cooperative received a voluntary decision to commence the auction of the instant real estate from the public official branch of the Daejeon District Court (C).

On February 25, 2016, the Daejeon District Court presented a distribution schedule attached to the instant real estate on the date of distribution of the said auction procedure. The Plaintiff appeared on the said date of distribution as the owner of the instant real estate and raised an objection against the total amount of dividends. The Plaintiff filed the instant lawsuit on March 2, 2016.

[Grounds for Recognition: Evidence Nos. 1 through 11, Evidence No. 15, and the purport of the whole pleadings]

2. Determination on the cause of the claim

A. The summary of the plaintiff's assertion is that the defendant deceivings the network D as if he passed the 47th judicial examination around 2005 and let the network D be in this context.