A. On April 2, 2014, Defendant B Co., Ltd. (hereinafter “Defendant Company”) completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) consisting of the debtor company, the mortgagee, the Plaintiff, the maximum debt amount, 30,000,000, on the real estate listed in the separate sheet owned by the Defendant Company (hereinafter “instant real estate”).

B. On July 9, 2015, the Daegu District Court Decision 45935, supra, deleted the registration of the establishment of the neighboring establishment of the instant facilities under the Plaintiff’s name by stealing the Plaintiff’s seal, thereby forging a power of attorney regarding the registration of the establishment of the instant facilities under the Plaintiff’s name.

C. After the registration of creation of a neighboring mortgage of this case was revoked, the registration of the ownership transfer under the name of Defendant C was completed as of July 30, 2015 by the Daegu District Court and the Daegu District Court and the 50963, which was received on July 30, 2015, and the registration of the establishment of a neighboring mortgage of the instant real estate was completed as of July 30, 2015 by the debtor C, the person who created a collateral security interest, the livestock industry cooperative, the maximum debt amount of 1,140,000,000.

The plaintiff was above B.

In relation to the act described in paragraph (1), E filed a complaint for the crime of forging or uttering of a private document. On July 22, 2016, E was sentenced to imprisonment with prison labor for one year as Busan District Court Decision 2016No877, 2016No. 877, 2016No. 2334, 2016No. 2413 (combined) and 2016No. 2413 (Consolidated).

[Based on the recognition] Defendant Company: The defendant C, the Korea Development Bank Livestock Industry Cooperatives: The fact that there is no dispute, the entry of evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. Determination

A. According to the above facts of the claim against the defendant company, the cancellation of the registration of the establishment of the mortgage of this case is illegal by forged documents and thus, it is deemed null and void.