근저당권말소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Basic facts
A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).
B. C borrowed KRW 100 million from B, and completed the registration of creation of a mortgage on the instant real estate to B, on June 19, 2013, on the ground of the debtor C, mortgagee B, and the maximum debt amount indicated in the claim of KRW 130 million (hereinafter “the registration of establishment of a mortgage on the instant real estate”).
C. On the other hand, B died on June 28, 2014 while the instant lawsuit was pending, and his heir was Defendant N,O, P, Q, and R.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The purport of the Plaintiff’s assertion is that the registration of establishment of a new mortgage in the instant case was made by a certified judicial scrivener who represented B or B by abusing his right of representation without legitimate authority or authority to register the establishment of a new mortgage in the instant case, and thus, it is invalid.
B. The registration of the establishment of a mortgage in the nearest area of the defendants' assertion was completed by the plaintiff's right of representation lawfully conferred upon C, and even if C did not have the right of representation, an expression agent is established.
Even if C abused the power of representation for the purpose of promoting its own interest against the Plaintiff’s interest or will, the Defendant did not know that C’s act of representation constitutes a breach of trust.
3. Determination
A. The establishment registration of a mortgage prior to C’s existence of the right of representation is not by the direct disposal of the owner of the real estate, but by the third party involved in the disposal of the real estate, even if the mortgagee claims that the third party is the agent of the owner of the real estate, the establishment registration of a neighboring mortgage is presumed to have been completed lawfully. As such, the owner of the real estate claiming the cancellation of the registration on the ground that the registration is null and void, that is, the owner