1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The deceased C and D have children E (1952), F (1957), G (1959), H (1961), I (1964), J (1965), A (1967.19), B (197.197.2) and the defendant

(H and J attended as a witness of this case)

On May 25, 1983 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which was deceased on May 25, 1983 and was owned by the deceased C, the ownership transfer registration was made on November 3, 1983 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), through co-ownership of I (6/31 shares), D (6/31 shares), H (4/31 shares), J (4/31 shares), Defendant (4/31 shares), Plaintiff (4/31 shares), E (1/31 shares), F (1/31 shares), G (1/31 shares), and G (1/31 shares) on the ground of inheritance.

C. On September 19, 1984, on the ground of sale and purchase on September 12, 1984, 3.5/31 of the share of the instant real estate in H, E, F, and G, half of which are the aggregate of the share of 7/31 shares in the instant real estate in H, E, F, and G, I, and 3.5/31 of the remainder of 3.5/31 had completed each ownership transfer registration to D.

As a result, the real estate of this case was owned by five persons in total (5/31 shares), I (9.5/31 shares), D (9.5/31 shares), J (4/31 shares), Defendant (4/31 shares), and Plaintiff (4/31 shares).

The entire shares of I, J, and the Plaintiff on April 19, 199 are traded on March 25, 199, and the entire shares of D were transferred to the Defendant on March 20, 199 on March 20, 199 on the ground of donation.

(A) As a result, the registration of ownership transfer was completed in the name of the Defendant’s sole name. The registration No. 38024 of the Daegu District Court’s receipt number that the Plaintiff’s share transferred to the Defendant among the above registration of ownership transfer (hereinafter “instant registration of ownership transfer”). E.

On May 4, 1999, the Defendant obtained a loan from the National Bank of Korea with the instant real estate as joint collateral from the National Bank of Korea, and completed the registration of establishment of a mortgage over the maximum debt amount of 78 million won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The Plaintiff’s assertion has the Plaintiff’s certificate of personal seal impression and seal impression, etc., which the Defendant received by fraudulent means to obtain a loan from the Plaintiff.