근저당권설정등기말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to the evidence evidence No. 1, it is recognized that the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) was completed on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) on September 30, 2013, with the Seoul Southern District Court (Seoul Southern District Court Decision 56689, Sept. 30, 2013, which was received on September 30, 2013, with the maximum debt amount of KRW 70 million, the debtor C, and the mortgagee of a mortgage (hereinafter “registration of creation of a mortgage”).
2. The plaintiff asserts that the establishment registration of a mortgage contract and its registration based on the mortgage contract concerning the real estate of this case shall be cancelled since C forged and completed the power of attorney in the name of the plaintiff without the consent of the plaintiff without the consent of the plaintiff, and the establishment registration of a mortgage of this case shall be invalid.
On the other hand, there is no evidence to prove that C, without authority, forged the power of attorney in the name of the Plaintiff and the written mortgage contract and completed the registration of establishment of a mortgage of the instant case. Rather, considering the overall purport of the argument in the statement No. 1 (the Plaintiff’s defense that the written mortgage contract was forged, but there is no evidence to acknowledge it), No. 3, No. 6-1, and No. 6-4, and the testimony of witness D, the Plaintiff provided the instant real estate as security in relation to C’s obligation to pay the deposit amount to the Defendant who had been in a marital relationship at the end of September, 2013, and it can be recognized that C, by proxy, concluded a mortgage contract on behalf of the Plaintiff and performed the registration work accordingly.
3. According to the conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.