1. The plaintiff's claim is dismissed.

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

Basic Facts

A. The defendant is a licensed real estate agent who operates the real estate office with the trade name of "D Licensed Real Estate Agent Office" in Guri-si, and E is an employee of the defendant.

Won 200,000,000 won per copy of a loan certificate

1. The above-mentioned amounts shall be borrowed in full and the borrowed amount shall be returned until April 30, 2016, and this instrument of borrowing shall be drawn up.

2. The establishment of a right to collateral security shall be decided with respect to each land listed in the separate sheet (hereinafter “instant land”) if the land is not returned by day.

B. On December 30, 2015, E prepared and awarded to the Defendant the following instrument of borrowing (hereinafter “instant instrument of borrowing”).

C. On May 31, 2016, the Defendant completed the registration of the establishment of a right to collateral security with the obligor, E and the mortgagee, as the Defendant, regarding each of the lands listed in the separate sheet (hereinafter “instant land”).

(hereinafter “Registration of Establishment of Mortgage”) D.

According to the FF association's voluntary auction application, the decision to commence the auction of the land of this case was issued by the Suwon District Court G to the branch court.

(E) The auction procedure that has been conducted later is called “instant auction procedure.”

In the instant auction procedure, on October 24, 2018, a distribution schedule was formulated to the Defendant that distributes KRW 104,584,678 to the Defendant.

F. The Plaintiff did not appear on the date of the above distribution or raise an objection against the said distribution.

G. The defendant received dividends in accordance with the above distribution schedule.

H. Meanwhile, Nonparty H transferred to the Plaintiff the claim 260 million won for the refund of the lease deposit against E, and the Plaintiff filed a lawsuit against E seeking the payment of the said transfer deposit with the District Court 2016Gahap2174.

On October 24, 2017, the said District Court sentenced the Plaintiff to pay KRW 260 million to the Plaintiff and damages for delay, and the said judgment became final and conclusive as it is.

[Reasons for Recognition]