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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the instant real estate.
B. On September 25, 2014, an agreement was concluded between the Plaintiff and B, stating the following:
Real estate display Address: approximately KRW 70,000,000 for land price in about 50,000
1. The term “A” means the offering of a security in line with the purpose of use so that “B (stock company B)” may purchase higher goods.
2. B shall preferentially use security for A, and pay A the purchase price for land as the sale price of goods purchased as security.
C. After that, on September 26, 2014, the Incheon District Court’s reinforcement registry office of the Incheon District Court completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage of this case”) based on the contract concluded on September 25, 2014, based on the maximum debt amount of KRW 50,000,000,000, the debtor B, and the mortgagee B, the mortgagee, and the mortgagee, respectively.
In addition, with regard to the registration of establishment of a neighboring mortgage of this case, the supplementary registration of the transfer of the right to collateral security to the defendant was completed on October 14, 2014 by the Incheon District Court's reinforcement registry office (26544).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including each number in case of additional evidence attached with a serial number), the purport of the whole pleadings
2. The plaintiff's assertion
A. On September 17, 2014, the Plaintiff requested E, who operates a real estate agent without real estate agent, to mediate the sale of the instant real estate.
B. Nevertheless, the actual operator of E and B, as of September 25, 2014, prepared a sales contract between the Plaintiff and B, the Plaintiff, thereby forging the agreement to establish a mortgage and power of attorney, etc. in the name of the Plaintiff, and completed the registration of the establishment of a mortgage of the instant case using it.
C. Therefore, since the registration of the establishment of a neighboring land of this case is null and void, the defendant is the owner of the real estate of this case.