A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On July 29, 2016, the Plaintiff’s wife concluded a loan contract of KRW 30 million with the Defendant. In the process, the Plaintiff’s agent forged a power to issue a certificate of seal imprint and a certificate of collateral security contract under the Plaintiff’s name, thereby completing the registration of establishment of mortgage over the instant real estate under the Daegu District Court No. 36929, Jul. 29, 2016, with respect to the obligor C and the maximum debt amount of KRW 42 million, the Plaintiff completed the registration of establishment of mortgage over the instant real estate.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

C The instant Plaintiff’s act of forging the certificate of seal imprint issued under the Plaintiff’s name, fabrication of private documents, and uttering of mortgage contract (Tgu District Court Decision 2018 High Court Decision 2018 High Court Decision 10023). On September 14, 2018, a summary order of KRW 1 million was issued and finalized.

The plaintiff filed a lawsuit of divorce, etc. against C by the Daegu Family Court 2018Ddan104292, and the lawsuit is in progress.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2-9, the purport of the whole pleadings

2. Determination

A. According to the above facts of the judgment on the cause of the claim, since the registration of the establishment of the establishment of the neighboring mortgage of this case was completed by an unauthorized person, and thus, the defendant is obligated to implement the procedure for registration of the cancellation of the registration of the establishment of the neighboring mortgage

B. The defendant's assertion and judgment 1 are the defendant's 30 million won loaned from the defendant, and C repaid the debt to other financial institutions arising from the cost of living consumed while maintaining the plaintiff's community life. The registration of creation of a mortgage of this case is valid as it is based on the act of daily home sales agency.

According to the results of each of the financial transaction information inquiry into D Co., Ltd. and E, the Plaintiff and C were married for at least 10 years at the time of registering the establishment of the neighboring property of this case.