A. The Defendant (Counterclaim Plaintiff) re-loan Co., Ltd. is listed in attached Form No. 3.

A. According to the overall purport of Gap evidence Nos. 1 through 3 as to the cause of the claim and the entire pleadings, the following facts are acknowledged: (a) real estate listed in paragraph (3) of the attached Table No. 3 (hereinafter “instant real estate”) is owned by the plaintiff, and (b) he/she took out a loan of KRW 50 million from the defendant Jae-young Loan on December 24, 2012, and without the plaintiff’s permission, took the power of delegation, etc. as to the instant real estate under the name of the plaintiff; (c) presented the power of delegation, etc. prepared as above to the defendant Jae-young Loan; and (d) concluded a mortgage agreement as to the instant real estate between the plaintiff and the defendant Jae-young Loan (hereinafter “mortgage No. 1”). On the same day, the defendant Jae-gu Loan is recognized as having completed the registration of establishment of a mortgage (hereinafter “mortgage No. 75 million won”).

According to the above facts, the establishment registration of a collateral in the name of the defendant Jae-gu loan, which was completed for the instant real estate, is registered as invalid based on the instant collateral agreement that was concluded by forgery of the letter of delegation in the name of the plaintiff and the letter of contract to establish a collateral security. Thus, barring any special circumstance, the defendant Jae-gu loan is obligated to implement the registration procedure for cancellation

B. As to the assertion of Defendant Jae-gu loan, Defendant Jae-gu loan asserts that at the time of the instant collateral agreement, at the time of presentation of the registration certificate, seal impression certificate, resident registration certificate, certificate of personal seal impression, and copy of resident registration necessary for the establishment of real estate collateral, the Plaintiff shall be liable for contractual liability based on the apparent representation.

According to the above evidence, there are circumstances to view that the Plaintiff has the basic right of representation for the establishment of Article 126 of the Civil Code, such as the Plaintiff’s seal impression has been affixed to B.

However, the defendant Jae-gu loan has been submitted.