채무부존재확인
The judgment of the first instance shall be revoked.
2. The defendant is the Daejeon District Court with respect to the real estate stated in the attached Form to the plaintiff.
1. The fact that, on November 13, 2012, B, his/her father and wife, borrowed KRW 25 million from the Defendant, and the fact that the registration of creation of a neighboring mortgage (hereinafter “registration of this case”) with respect to the real estate owned by the Plaintiff (hereinafter “instant real estate”) was completed on November 13, 2012 by the obligor B, the obligee, and the maximum debt amount of KRW 50 million under the receipt of No. 112674, Nov. 13, 2012, is recognized if there is no dispute between the parties, or if the purport of the entire pleadings is added to the statement in the evidence No. 1.
2. The parties' assertion
A. The Plaintiff’s assertion did not have entered into a mortgage contract for the registration of the instant case with the Defendant. The registration of the instant case was based on the document under the name of the Plaintiff, which was forged by B, and thus null and void of the cause. Therefore, the Defendant is liable to implement the registration procedure for cancellation of the registration of the establishment of a mortgage of the instant case.
B. The defendant's assertion B concluded a mortgage contract with the defendant for the completion of the registration of this case as the plaintiff's representative, and even if family affairs B are not legitimate representative, since B had the plaintiff's identification card, seal imprint certificate, and seal imprint certificate, the defendant believed that B had the right to represent the plaintiff, and there was any justifiable reason to believe it. Thus, the plaintiff is liable for the time limit for the expression representative.
3. Determination
A. If evidence Nos. 2 through 5 and the purport of the entire pleading is added to the testimony of the witness B of the trial party, B knows the method of obtaining a loan without the owner’s consent on November 2012, and then, B came to know the method of obtaining a loan on the Internet. On the 13th of the same month, the Plaintiff’s passport and the registration certificate of the instant real estate were issued as the Plaintiff’s certificate of personal seal impression on behalf of the Plaintiff, and the Plaintiff’s seal imprints the seals similar to the Plaintiff’s seal imprint.