1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. C, as a business director of Co., Ltd. D (hereinafter “D”), a planning real estate business entity, by deceiving the victim F (the husband of the Defendant) in collusion with E, and by deceiving the victim F (the husband of the Defendant) with respect to real estate in the wife G G G in the course of tolerance-si, acquired 3,820,000 won from F, and acquired 3,1860,000 won in relation to real

C was detained by the aforementioned fraud case, etc. and was sentenced to a suspended sentence of two years on February 20, 2014.

[Seoul East Eastern District Court 2013Kadan1456, 1874 (Joint), 2764 (Joint), 2764). C and the prosecutor appealed the appeal, but the court rendered a judgment dismissing the appeal.

(Seoul Eastern District Court 2014No346). The above judgment became final and conclusive as it is.

B. Meanwhile, while the trial is in progress, C and F were engaged in negotiations for criminal agreement.

As a result, on February 4, 2014, immediately before the judgment of the court of first instance was rendered, a written withdrawal of a complaint and a written application for non-taxation against C under the name of the agent of F, etc. on February 4, 2014. On February 20, 2014, the date on which the judgment of the court of first instance was rendered, the plaintiff (C's employee) completed the registration of creation of a mortgage over the instant real estate in the name of the plaintiff to the defendant as to the maximum debt amount of KRW 98 million.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2 to 4, Eul evidence 1, witness J's testimony, purport of whole pleadings

2. Around May 2009 and January 201, 2010, the purport of the Plaintiff’s claim D sold to F, the Defendant’s husband, for approximately KRW 121,680,000, the sum of 297 square meters (90 square meters; hereinafter “land subject to sale”) out of 22314 square meters in the wife population H 22314 square meters in the Defendant’s husband.

At the time of sale, the auction was commenced because the debt of the collateral security was not repaid, which was established on the land subject to sale, and the F was faced with a crisis that the ownership of the land subject to sale was not entirely transferred.

F filed a complaint against C, a business director of D, with the intention of fraud.

C was detained on October 31, 2013 on the charge of fraud.

The plaintiff is a friendship of C and the employee of D Co., Ltd. who is a victim on behalf of C.