근저당권말소
1. The plaintiff's claim is dismissed.
2. On July 2014, 2014, this Court rendered an application for the suspension of compulsory execution.
1. The plaintiff's ground of claim and its determination
A. The Plaintiff asserts that the registration of the instant right to collateral security should be cancelled because C forged the power of attorney in the name of the Plaintiff and completed the registration of the instant right to collateral security in the name of the Defendant.
B. In the event that the establishment registration of a neighboring mortgage has been completed, the registration is presumed to have been lawful and to have publicly announced the true state of rights, and thus, the party who asserts that the registration was unlawful is responsible to prove the opposing fact to reverse the presumption.
(See Supreme Court Decision 2000Da72763 Decided April 10, 2001, etc.). Therefore, as alleged by the Plaintiff, there is no evidence to acknowledge the completion of the instant mortgage registration based on the forged power of attorney.
Rather, according to the evidence No. 10, the Plaintiff’s use of the loan, which was the cause of the creation of the instant right to collateral security, was for the Plaintiff, and the Plaintiff prepared and offered a certificate of loan to C, and immediately after the establishment of the right to collateral security, and the fact that the Plaintiff and C and the Plaintiff had telephone conversations several times, can only be recognized as having been issued a non-guilty disposition in the instant case on the grounds that the Plaintiff filed a complaint against C with
Therefore, the plaintiff's above assertion is without merit.
2. Therefore, the plaintiff's claim is dismissed.