1. The plaintiff's claim of this case is dismissed.

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

1. Basic facts

A. As to the instant real estate on August 7, 2003, the Plaintiff completed the registration of the establishment of chonsegwon as stated in C’s claim on August 27, 2005 (hereinafter “registration of the establishment of chonsegwon”), and completed the registration on February 21, 2006 by changing the duration to August 27, 2009.

B. On November 23, 2009, the Defendant loaned KRW 30 million to C, and entered into a contract under which the right to lease on a deposit basis should be transferred as security. On November 24, 2009, the Defendant completed the registration of establishment of the right to lease on a deposit basis on a deposit basis with the Defendant.

C. Upon C’s delinquency in the interest on the above loan obligation, the Defendant filed a lawsuit claiming a loan with the Seoul Central District Court 2010Kadan234193 against C, and was rendered a favorable judgment on September 17, 2010.

[Ground for Recognition: Facts without dispute, Gap-5 evidence, Eul-2 evidence, Eul-4-1 and Eul-2, the purport of the whole pleadings]

2. The party's assertion and judgment

A. (1) The plaintiff's assertion (1) in collusion with C to avoid provisional seizure due to the plaintiff's guarantee obligation, and completed the registration of the establishment of the right to lease on a deposit basis of this case falsely. Since the registration of the right to lease on a deposit basis of this case is null and void by false representation of agreement, the defendant is obliged to cancel

In addition, the defendant cannot assert that the registration of the establishment of the right to lease on a deposit basis of this case is valid because he received the registration of the establishment of the right to lease on a deposit basis.

(2) The defendant's assertion that the defendant extended KRW 30 million to C and transferred the registration of the establishment of the right to lease on a deposit basis of his security. Therefore, the plaintiff cannot oppose the defendant who is a bona fide third party.

B. (1) According to the records on the evidence No. 4, C, on October 7, 201, is false for the registration of the establishment of the instant chonsegwon to the Plaintiff on the following grounds: (a) he/she received a loan on security deposit without the Plaintiff’s consent; and (b) thus, he/she will repay the loan.