1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 25, 2012, the Defendant filed a lawsuit claiming construction price against D, etc., who is the spouse of the Plaintiff in 2012 (Seoul District Court Decision 2012Gahap242), and rendered a judgment on May 25, 2012 that “D shall pay the Defendant the amount of KRW 232,778,324 and the delay damages therefor,” and the said judgment became final and conclusive around that time.

B. D was sentenced to a judgment against the Defendant in 2014 to the effect that “The compulsory execution based on the judgment on the construction payment against the Defendant’s D shall not be permitted only to exceed 175,258,980 won and the damages for delay thereof,” which became final and conclusive at that time by the lower court of the said lawsuit on March 23, 2016 (2014Na3712).

C. On September 5, 2016, the Plaintiff concluded a mortgage agreement with the Defendant regarding the real estate indicated in the separate sheet (hereinafter “instant real estate”) as security against the claim for construction cost of KRW 175,258,980, with the Defendant, with the maximum debt amount of KRW 300 million, the Plaintiff, and the Defendant, and completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring real estate”) on September 8, 2016.

On October 14, 2016, the Plaintiff paid KRW 80,000,00 to the Defendant out of the construction price.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s conclusion of the instant mortgage contract with the Defendant is due to the fact that the Defendant was sentenced to a judgment or claim for construction cost of the instant case by using unlawful means, such as releasing false construction cost.

In addition, the mortgage contract of this case is the defendant.