1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 7, 2008, the Plaintiff concluded a sales contract with Gangnam-gu Seoul Metropolitan Government E Apartment 101 Dong 711 (hereinafter “instant apartment”) to purchase the purchase price of KRW 260 million. D paid the down payment of KRW 25 million on the same day, the intermediate payment of KRW 125 million on November 28, 2008, and the remainder of KRW 110 million on December 26, 2008.

B. On November 28, 2008, the Defendant issued to the Plaintiff a cashier’s check of KRW 100 million at the face value, five cashier’s check of KRW 100 million at the face value, five cashier’s check of KRW 50 million at the face value, and one cashier’s check of KRW 200 million at the face value, respectively, and the Plaintiff used the above cashier’s check to pay intermediate payment and remainder payment pursuant to the above sales contract.

C. (1) Around December 26, 2008, the Plaintiff’s certificate of loan (hereinafter “instant certificate of loan”) written in the Plaintiff’s name, stating the daily loan “Seoul Man-do,” and “Plaintiff” (hereinafter “the Plaintiff’s certificate of loan”). The Plaintiff signed the debtor’s column of the instant certificate of loan and affixed the Plaintiff’s seal imprint.

(2) In addition, on December 26, 2008, the creditor and the mortgagee of the right to collateral security, and the document establishing the right to collateral security (hereinafter “the document establishing the right to collateral security”) was prepared with the content of establishing the right to collateral security in the apartment of this case, and the Plaintiff’s seal impression is affixed on the side of the Plaintiff’s name.

With respect to the apartment of this case, December 30, 2008

The registration of ownership transfer under the name of the Plaintiff was completed on the ground of the contract for the sale and purchase as stated in the claim, and the registration of establishment of a neighboring mortgage (hereinafter “mortgage”) was completed on the ground of the contract for the establishment of a collateral security (hereinafter “mortgage”) with the maximum debt amount of KRW 230 million,000,000 for

E. The defendant is against the apartment of this case based on the right to collateral security of this case.