근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion that C et al. conspired with the Defendant by using the Plaintiff’s seal impression, certificate of personal seal impression, etc., which had been delivered by deceiving the Plaintiff without the Plaintiff’s consent, and the Defendant and the Defendant completed the registration of creation of collateral security under the Busan District Court Busan District Court’s Busan District Court registry No. 47807, Jul. 8, 2015. Therefore, the registration of creation of collateral security should be cancelled by the invalidity of cause
2. In the event that the registration of establishment of a collateral security was completed, the registration is legally made public, and it is presumed that the registration was made public. Therefore, the party asserting that the registration was unlawful is responsible to prove the objection to reverse the presumption, and even if the third party involved in the act of establishment of a collateral security and the third party asserts that the third party is the agent of the mortgagee of the right to collateral security, the registration of establishment of a collateral security is presumed to have been duly made. Thus, the person who claims the cancellation of the registration was not authorized to act on behalf of the third party, i.e., the counter-party.
The third party bears the burden of proving the invalidity of the registration procedure, such as forging the registration document of the person who created the right to collateral security or forging the registration document.
(see, e.g., Supreme Court Decisions 93Da18914, Oct. 12, 1993; 2012Da99112, Mar. 27, 2014). According to the aforementioned legal doctrine, the witness C’s testimony that deemed the instant case to be consistent with the Plaintiff’s above-mentioned facts cannot be trusted (see, e.g., Supreme Court Decisions 93Da18914, Oct. 12, 1993; 201Da9112, Mar. 27, 2014). The witness C testified to the effect that the Plaintiff issued the Plaintiff’s seal impression, personal seal impression, and copy of passbook to C without any objection, despite the absence of any other special reason.