근저당권말소
1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall make November 11, 2014 to the Namyang District Court of the Republic of Korea.
1. Determination as to the cause of claim
A. 1) The Plaintiff was in a de facto marital relationship with C from around 1999 to around 2014. 2) around November 2014, the Plaintiff borrowed KRW 50 million from the Defendant (hereinafter “the instant loan”).
3) On November 10, 2014, C obtained the Plaintiff’s certificate of personal seal as the agent of the Plaintiff, using the Plaintiff’s seal imprint, resident registration, etc. at the E-dong community service center located in Namyang-si, Namyang-si without obtaining permission from the Plaintiff. (4) around November 2014, C agreed with the Defendant to set the instant loan obligation as the secured obligation and the instant loan obligation as the secured obligation, and issued the Plaintiff’s certificate of personal seal imprint and the Plaintiff’s personal seal imprint to the employees under the name of F attorney-at-law delegated by the Defendant with the establishment of a collateral security (hereinafter “instant real estate”).
5) Around November 2014, an employee under the F attorney’s name prepared an application for the establishment of a right to collateral security with the maximum debt amount of KRW 70 million, the obligor C, the obligor, the obligor responsible for registration, the Plaintiff, and the obligor entitled to make a registration, and the power of attorney, using the Plaintiff’s seal impression design, a certificate of personal seal impression, etc., delivered by C, and submitted the application to the South-North Korean District Court for the establishment of a right to collateral security with the obligor. 6) As for the instant real estate, the registration of the establishment of a right to collateral security (hereinafter “instant right to collateral security”) was completed due to a contract concluded by the obligor C, the obligor C, and the mortgagee on November 10, 2014, as the receipt on November 11, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 (including paper numbers), the fact inquiry results of this court against E/Dong in Namyang-si, Eul's testimony, the purport of whole pleadings
B. According to the above facts of recognition, C’s right to collateral security of this case is arbitrarily granted without obtaining a legitimate power of representation from the Plaintiff.