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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff’s father C was indicted and tried on June 17, 2013 on the charge that, after being investigated by Nonparty D due to the charge of fraud, violation of the Attorney-at-Law Act, etc., he received a total of KRW 1,30 million from September 5, 2008 to October 4, 2008, and received money and valuables under the pretext of soliciting the case handled by the public officials at the same time, by obtaining an order from the Suwon District Court for the construction of the Ministry of National Defense through the military personnel in charge of the construction of the Ministry of National Defense.
B. On December 16, 2013, when the above trial was in progress, C and D paid 1.4 million won as agreed amount to D. However, as to each of the instant real estate in the name of the Plaintiff, C and D agreed upon the establishment registration of a mortgage consisting of the maximum debt amount of 1.4 million won, and thereby, C and D drafted an agreement on criminal cases (Evidence B) on the same day, while concluding an agreement to terminate all claims and obligations arising between C and D (hereinafter the instant agreement).
C. Between D and D on the same day, the Plaintiff set up the instant right to collateral security with the Defendant as the mortgagee, and on December 18, 2013, the establishment registration of the instant right to collateral security on the ground that the Defendant, C, and the maximum debt amount were 140 million won.
C Taking into account the agreed points in the above criminal case, on February 4, 2014, the said court sentenced to a suspended sentence of two years and one hundred and thirty million won to a penalty of two hundred and thirty million won for one year, and upon appeal by C, the Suwon District Court Decision 2014No835 decided September 4, 2014: (a) on the part that C was paid in cash from D on September 5, 2008 and received the remainder of KRW 100 million, it was found guilty; (b) on the other hand, the sentence of two years and KRW 100 million for a suspended sentence of ten-year imprisonment and KRW 100 million was imposed after the reversal of the judgment of the court below.
E. On May 21, 2014, the Defendant is based on the instant right to collateral security.