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

A. On January 26, 2014, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On March 12, 2014, the instant real estate was established with the maximum debt amount of KRW 52.5 million, the mortgagee C, and the debtor D (hereinafter “instant collateral”). However, the Defendant completed the supplementary registration of the transfer of the right to collateral security (No. 68649, Nov. 26, 2014) with respect to the instant right to collateral security (hereinafter “instant right to collateral security”).

(hereinafter referred to as the “registration of transfer of mortgage of this case”).

On the other hand, around October 2014, the Plaintiff filed a complaint against D as the crime of forging and utteringing private documents with respect to the documents for the registration of creation of the instant right to collateral security against D, and as to the relevant case, D received a summary order of KRW 7 million from the Changwon District Court Heading Decision 2014 High Court and approximately KRW 6083, which became final and conclusive on February 12, 2015.

【Ground of recognition】 Uncontentious facts, entries in Gap evidence 7, 8, 9, and 10, and the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion is that D, the debtor of the instant right to collateral security, as the Plaintiff’s husband, applied for divorce at the time of the establishment of the instant right to collateral security, and was in the period of deliberation. Since D needed to use the Plaintiff’s certificate of personal seal impression, resident registration certificate, and family relation certificate for his child who was enrolled at a university at the time of early March 2014, the Plaintiff issued the Plaintiff’s personal seal impression and resident registration certificate on March 6, 2014 to D. However, on March 10, 2014, the Plaintiff issued the said certificate of personal seal impression against the designated purpose without the Plaintiff’s consent or permission, and completed the registration of the establishment of the instant right to collateral security in the name of C by forging, a person in charge of credit business, who was in charge of credit business, forged the Defendant’s loan transaction agreement and one copy of a monetary loan contract.

Therefore, the establishment registration of the right to collateral security of this case is a registration invalidation.