1. The plaintiff's claim is dismissed.

2. On February 9, 2017, this Court has regard to cases of applying for a stay of compulsory execution 2017 Chicago28.

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”).

C was intended to purchase the instant real estate in the name of D, one’s own wife, and as the purchase fund is insufficient, it was proposed that the instant real estate should be loaned in the name of D and paid the purchase price.

B. Accordingly, between D and D on April 5, 2016, the Plaintiff entered into a real estate sales contract (hereinafter “instant contract”) with respect to the instant real estate with a purchase price of KRW 900 million (on April 10, 2016, the payment of KRW 70 million, the intermediate payment of KRW 30 million, the payment of KRW 40 million on September 30, 2016, the remainder of KRW 400 million, and the payment of KRW 400 million on November 30, 2016).

In the instant contract, there was a special agreement (Article 4) that the seller provides security for the buyer.

C. On the same day, the Plaintiff signed his name on the “written consent to provide security” with the following contents and affixed it to D with a certificate of personal seal impression and a copy of his identification card.

D Using the written consent to the above provision of collateral, D completed the registration of the establishment of a mortgage and the creation of superficies over the instant real estate as the debtor D, the maximum debt amount of KRW 900 million, the mortgagee as the defendant.

E F G HH ADB A

D. The Defendant borrowed KRW 400 million from D with interest rate of KRW 1.8% per month, and six months from the date of repayment from the date of loan, and received a certificate of loan (However, the date of preparation is not specified) to set the maximum debt amount of KRW 900 million on the instant real estate as a security, and transferred KRW 400 million to the Agricultural Cooperative Account in D on April 5, 2016.

E. On July 19, 2016, the Defendant received a decision to commence an auction of real estate rent on the instant real estate from this court I.

Around July 29, 2016, the Plaintiff, who became aware of this, issued a letter of performance to C, stating that “I promise to withdraw an auction until August 10, 2016,” and thereafter, the Defendant withdrawn the application for auction on August 16, 2016.

(b).