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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C completed the registration of ownership transfer by inheritance by inheritance by agreement and division on December 13, 1992, under the receipt No. 2168 of March 18, 1993 with respect to each parcel of land indicated in the separate sheet as to each parcel of land (hereinafter “instant land”).
B. On July 13, 2002, C concluded a mortgage agreement with the Defendant regarding the instant land (hereinafter “mortgage agreement”) with the maximum debt amount of KRW 80,00,000,000, and completed the registration of creation of a neighboring mortgage (hereinafter “mortgage creation”) with the Defendant as of the instant land under No. 7899, Jul. 18, 2002 by the same registry office as to the instant land.
C. On May 29, 2006, the Plaintiff (the name before the opening of the name: D) entered into a sales contract with C on each of the instant lands, and completed the registration of transfer of ownership made on May 29, 2006 by the receipt of No. 7075 on June 5, 2006 by the same registry office as to the instant land.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. On the assertion that the establishment registration of a mortgage of this case was caused by a false conspiracy, the plaintiff asserts that C entered into a mortgage contract of this case in collusion with the defendant and completed the establishment registration of a mortgage of this case in order to avoid compulsory execution against himself.
In this regard, there is no evidence to prove that the mortgage contract of this case and the establishment registration of the mortgage of this case are false by a conspiracy between C and the defendant.
Rather, in full view of the overall purport of the pleadings in Eul’s statement Nos. 1 through 4 (Ga number No. 5) and part of Eul’s statement No. 5 (excluding the part that Eul trusted the land of this case to the plaintiff), C is not more than 8,523 square meters prior to Gangnam-si, which he/she held office as a director to his/her Dong E, F (the former trade name before the change: G).