1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C is in a relationship between the Plaintiff’s spouse D and D.

B. On October 11, 2012, the Plaintiff completed the registration of ownership transfer based on sale on October 4, 2012 with respect to the real estate listed in paragraph (2) of the Attached List No. 2 (hereinafter “instant Real Estate No. 2”). On June 18, 2013, the Plaintiff completed the registration of ownership transfer based on sale on June 17, 2013, regarding the real estate listed in the Attached List No. 1 (hereinafter “instant Real Estate No. 1”).

C. On November 12, 2014, the Plaintiff’s certificate of personal seal impression (No. 1-5) was issued on behalf of the Plaintiff, and the act of filing an application for the establishment registration of a mortgage on each real estate of the instant case was drafted with a power of delegation (No. 1-4) in the name of the Plaintiff E to a certified judicial scrivener E.

In addition, E-written confirmation (No. 1-6) was prepared to confirm the identity of the Plaintiff, who is the person liable for registration on the same day, and this is stamped on the left-hand column of the seals in the name of the Plaintiff.

On November 13, 2014, the Defendant completed the registration of creation of a mortgage on each of the instant real property, including the maximum debt amount of KRW 32 million, the obligor, the Plaintiff, and the Defendant’s right to collateral security (hereinafter “the instant right to collateral security”).

E. On September 14, 2015, the Defendant filed an application for voluntary auction with the Incheon District Court F for each of the instant real estate, and the said court rendered a decision to commence voluntary auction.

However, on September 25, 2015, the defendant withdrawn the application for commencement on September 25, 2015, and on October 5, 2015, the registration of cancellation of the registration of the decision on commencement of voluntary auction was completed.

F. The Defendant again filed an application for voluntary auction with the Incheon District Court G on each of the instant real estate, and the said court rendered a decision to commence voluntary auction on October 24, 2016.

G. On June 2017, the Plaintiff received the following: “C should sell a multi-household house on the H ground of Cheongcheon-gun, Incheon-gun, to D on November 12, 2014. As the purchaser went into existence, the Plaintiff received the Plaintiff’s certificate of personal seal impression, seal impression, and identification card.”