1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On April 13, 201, the Plaintiff’s father C borrowed money from the Defendant, and on April 13, 2011, the date of repayment: Interest on July 12, 2011: 201: (a) written a loan certificate stating “2% per month: interest on July 12, 2011”; (b) written the Plaintiff’s name, resident registration number, and address; (c) affixed the Plaintiff’s seal imprint on the name of the Plaintiff; (d) written the Plaintiff’s name, resident registration number, and address; and (d) written the Plaintiff’s name, resident registration number, and address in the “joint guarantor” column and affixed the Plaintiff’s seal imprint on the name of the Plaintiff.

B. On April 20, 201, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of this case”) with the debtor as the Plaintiff and the maximum debt amount as to the real estate indicated in the separate sheet owned by the Plaintiff, with the maximum debt amount of KRW 39 million.

C. The Defendant filed a lawsuit against the Plaintiff and C on the basis of the instant loan certificate (U.S. District Court Ansan Branch 2014Gadan14571). The court of first instance rendered a judgment dismissing the Plaintiff’s claim against the Plaintiff on the ground that there is no evidence to acknowledge that the Plaintiff granted the Plaintiff the right of representation for the preparation of the instant loan certificate to the Plaintiff.

On September 23, 2015, the defendant appealed, but the appeal was dismissed, and the above judgment became final and conclusive.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Although the plaintiff did not bear any obligation against the defendant, the defendant completed the registration of the establishment of the establishment of the mortgage of this case with the loan claims based on the loan certificate of this case as the secured claim pursuant to the mortgage contract with C without any authority. The defendant is obligated to implement the registration procedure for the cancellation of the establishment of the mortgage of this case, which is null and void of the cause.