채무부존재확인 및 저당권설정등기말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. A. Around March 201, the Plaintiff received a request from C to the effect that “A bank intends to obtain a loan of KRW 120 million from a bank,” and consented to the request to grant a resident registration certificate and a certificate of seal impression to C. (2) On April 12, 2011, upon request from D, the Plaintiff issued a certificate of resident registration and a certificate of seal impression to C. (3) upon request from D who is the Defendant’s mother, so that C may establish a collateral security right of KRW 156 million on the land and its ground (hereinafter “instant house, etc.”) owned by D with the debtor D and the maximum debt amount, and borrowed KRW 120 million from F with the loan of KRW 120 million from D in the process.
3) On the ground that C has the Plaintiff’s identification card and a certified copy and abstract of the Plaintiff’s resident registration certificate, he prepared, without permission, the proxy form in the Plaintiff’s name after obtaining the Plaintiff’s certificate of personal seal impression and a certified copy of the resident registration certificate. On the same day as the above collateral security is established, C delivers related documents, such as the above certificate of personal seal impression and power of attorney, to D to G employees of the certified judicial scrivener office, with respect to real estate indicated in the separate list owned by the Plaintiff,
(4) The Defendant was transferred the instant right to collateral security from D on September 10, 2015 on the ground of the transfer of confirmed claim on September 9, 2015.
5) On October 27, 2015, D died as dump cancer. [The fact that there is no dispute over the grounds for recognition, the entries in Gap 1, 2, 4 through 11, and Eul 3, and the purport of the whole pleadings.]
B. According to the above facts of recognition, C has no authority to establish the right to collateral security on behalf of the Plaintiff, and barring any special circumstance, C has to cancel the registration of establishment of the right to collateral security on behalf of the Plaintiff.
2. Judgment on the defendant's defense
A. The Plaintiff asserted 1 as an expression agency defense on behalf of the Plaintiff for a bank loan loan to C.