1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

1. Basic facts

A. On May 16, 2012, the Defendant completed the registration of creation of a neighboring mortgage of KRW 42,00,000 (hereinafter “instant one collateral mortgage”) with respect to KRW 1/4 shares among KRW 15,491 square meters of Gangwon-gun, Gangwon-gun, Gangwon-do, the Plaintiff owned, and KRW 5,813 square meters of forest land (hereinafter “Plaintiff’s real estate”). On August 22, 2012, the debtor of the registration of creation of a neighboring mortgage was changed to G on the ground of contract acquisition.

B. On August 21, 2012, the Defendant completed the registration of the establishment of a neighboring mortgage of KRW 102,00,000 with respect to the Plaintiff’s real property (hereinafter “instant secondary collateral mortgage”).

C. On August 22, 2012, the Plaintiff and G delegated the authority to request H, an employee of the Defendant, to prepare a notarial deed with an amount of KRW 25,00,000,00, the obligee, the Defendant G, the obligor, the Plaintiff, the joint and several surety, the date of occurrence of obligations, the date of repayment, August 22, 2012, the repayment period of August 22, 2013, and the interest rate of KRW 8.5% per annum. Accordingly, on August 22, 2012, the notarial deed of a debt repayment contract with the same content (hereinafter “notarial deed of this case”).

Based on the instant notarial deed, the Defendant applied for a compulsory auction on one-fourth share (hereinafter “G real estate,” and collectively referred to as “Plaintiff’s real estate”) among 15,491 square meters of Gangwon-gun, Gangwon-gun, Gangwon-do District Court’s Young-gun, Seocheon District Court’s Young-gun, Seocheon-gun, G, and filed an application for a voluntary auction on the Plaintiff’s real estate with the same support C based on the instant 1 and 2 mortgage.

E. Each of the above auction procedures was jointly conducted. On September 1, 2014, I completed the registration of ownership transfer based on the successful bid. On October 2, 2014, the distribution schedule was formulated that the Defendant received KRW 26,496,343 on the date of distribution of the instant notarial deed, based on the instant notarial deed, and KRW 125,852,458 on the basis of the instant notarial deed and the instant 1 and 2 collateral mortgages, respectively.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and Eul.