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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 13, 2012, the Plaintiff and her husband C concluded a contract on each of the instant construction works (hereinafter “instant construction works”) on October 31, 2012, by setting the contract amount as KRW 698,630,00, and the completion date as October 31, 2012, in order to newly construct an urban-type residential housing on the Jeju-si land and E-owned land owned by the Plaintiff.
(C) At the time of the above construction contract, the Plaintiff and C’s Cho Jae-man signed and sealed them as the guarantor of the City Corporation.
B. As to each of the instant real estate, on February 21, 2013, F entered into a mortgage agreement with the Defendant on behalf of the Plaintiff, and the Plaintiff, the mortgagee, the Defendant, and the maximum debt amount of 200 million won (hereinafter “instant mortgage agreement”). Based on the aforementioned mortgage agreement, on February 22, 2013, the establishment registration of a neighboring mortgage, such as the written purport of the claim, was completed (hereinafter “the establishment registration of a neighboring mortgage”).
C. Meanwhile, the Plaintiff’s seal imprint is affixed to the application for the registration of the establishment of the instant neighboring mortgage, and the Plaintiff’s personal seal imprint was issued on January 23, 2013. In place of the registration certificate, the Plaintiff’s personal seal imprints the Plaintiff’s seal imprint, and the registration certificate is accompanied by the confirmation document written by a certified judicial scrivener G that confirmed the Plaintiff based on a copy of the passport attached to “the physical size exceeding 166 cm, 16 cm, o’s face, o’s head’s face, and o’s head’s passport seal.”
(A) The Plaintiff asserted that there was no seal affixed by the Plaintiff on the above confirmation document. However, according to the appraiser H’s unmanned appraisal result, the Plaintiff’s seal affixed on the letter of confirmation shall be deemed to be the same as the Plaintiff’s letter of interest. [The ground for recognition]] There is no dispute, each entry in Gap’s 1 through 4, 10, 11, 16, and Eul’s 1 and 2 (including each number), and the seal of appraiser H.