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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 January 2013, the Defendant posted a banner to lease the 3rd floor of the building, among the land and the building in Dobong-gu Seoul (hereinafter “instant real estate”), which was owned by the Defendant, on the ground that a person who was named as D (hereinafter “person who was killed in name”) would rent the 3rd floor of the instant building, and asked the Defendant for a lease contract with his/her driver’s license and the certificate of the personal seal impression, but the lease contract was not concluded.
B. On the other hand, on February 25, 2013, a person in poor name opened an account under the name of the defendant in our bank using the defendant's driver's license (However, the defendant's actual address was forged as "Seoul Metropolitan Government E" or "Y, Dobong-gu Seoul Metropolitan Government") that forged the defendant's driver's license, certificate of seal impression, etc., and misrepresenting the defendant with the forged defendant's driver's license, certificate, etc., and borrowed KRW 300 million from the plaintiff as interest per month between the plaintiff and the plaintiff on April 2, 2013, and concluded a mortgage contract (hereinafter "the contract of this case").
C. According to the instant contract, the Plaintiff deposited KRW 286.5 million (hereinafter “instant loan”) to the bank account opened in the name of the Defendant as above. D.
Plaintiff
On April 2, 2013, G, a certified judicial scrivener, delegated the application for registration of establishment of a neighboring mortgage according to the instant contract to G, a certified judicial scrivener on the instant real estate.
E. On April 2, 2013, G received application documents for registration of the establishment of a neighboring mortgage, such as a forged mortgage contract, power of attorney, certificate of personal seal impression, and certificate of right to registration, from a competent registrar of the Seoul Northern District Court, and received such application documents as above.