근저당권말소
1. Revocation of a judgment of the first instance;
2. As to each real estate listed in the separate sheet to the Plaintiff.
1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the part of “1. Recognizing facts” in the judgment of the court of first instance, and this part is cited in accordance with the main sentence of Article 420
2. Determination
A. 1) The Plaintiff’s assertion 1) The registration of the establishment of a mortgage of this case on behalf of the Plaintiff was based on forged documents by D, and is invalid for the cause of the Plaintiff’s death. Therefore, the Defendant is obligated to implement the registration procedure for the cancellation of the establishment of a mortgage of this case on behalf of the Plaintiff. 2) The Defendant’s assertion D is legally concluding a mortgage contract on behalf of the Plaintiff.
Even if such authority has not been delegated to D, the defendant has a justifiable reason to believe that D has such authority. Thus, the expression representation under Article 126 of the Civil Code is established because there is a legitimate reason for the defendant to believe that D has such authority.
B. The judgment 1) The defendant argues to the effect that he borrowed money on behalf of the plaintiff and was authorized to complete the registration of creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the plaintiff of this case. However, it is insufficient to acknowledge the fact that the plaintiff entrusted the above authority to the plaintiff, and there is no other evidence to acknowledge it (the fact that D was sentenced to a summary order of KRW 3 million on the ground that the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation
The defendant's defense is without merit. 2) In order to establish a representative of expression under Article 126 of the Civil Act of the existence of the basic right of representation, the basic right of representation must be established at the time of a juristic act. The right of representation on public act is also included in the basic right of representation under Article 126 of the Civil Act.