1. The plaintiff's claim is dismissed.

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

On February 18, 2011, the Plaintiff leased KRW 10,000,00 to D with interest rate of KRW 3% per month and the end of March 2012, the due date of repayment was set and lent as the last day of March 2012, and E guaranteed the above loan obligation against D’s Plaintiff.

E, on January 17, 2013, concluded a mortgage contract with a maximum debt amount of 60,000,000,000 won with a debtor E and a mortgagee as the defendant, and completed the registration of establishment of a mortgage near the same day.

(2) On March 30, 2015, on the ground that the registration of the establishment of a mortgage (hereinafter “instant mortgage contract”) was completed on the instant land, the procedure for the auction of real estate (hereinafter “instant auction procedure”) was commenced upon the application of the Kancheon District Court Young-gu Credit Cooperatives, the mortgagee of the instant land.

On December 17, 2015, the auction court of the auction procedure of this case distributed KRW 1,543,140,00, among KRW 69,153,423, the amount to be actually distributed on the date of open distribution, which is KRW 1,543,140, the sum of the amount to be distributed to the Defendant, who is the holder of the right of distribution, and KRW 42,58,252, the amount to be distributed to the Defendant, who is the holder of the right of distribution, and KRW 954,052, the third amount of KRW 23,939,979, respectively.

The Plaintiff appeared on the date of the above distribution and raised an objection against KRW 15,00,000 out of the Defendant’s dividend amount of KRW 42,58,252.

[Based on the recognition of evidence Nos. 1-1, 2, 2-2, 3, and 5, and the purport of the whole argument by the plaintiff E and the defendant, despite the fact that there was no money transaction between the two persons in relation of blood and the defendant, they concluded a false contract to establish a mortgage on the real estate of this case and completed the registration of the establishment of a mortgage on the real estate of this case.

Therefore, the mortgage contract of this case is a false declaration of agreement.