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1. On December 28, 2010, the Defendant: (a) on real estate indicated in the attached list to the Plaintiff, the Daegu District Court of Justice unregistered for the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 and the purport of all pleadings:
Attached Form
The real estate indicated in the list (hereinafter “instant real estate”) is owned by the Plaintiff.
B. As to the instant real estate, the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) with a maximum debt amount of KRW 218 million, which was completed on December 28, 2010 by the Daegu District Court No. 77483, which was completed on December 28, 2010, was completed.
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff: (a) the husband C, who worked for the Defendant Union as a person in charge of loan, had the Plaintiff’s seal, identification card, etc. and entered into a loan contract with the Plaintiff’s name as KRW 167,00,000 of the loan principal on December 28, 2010 (hereinafter “instant loan contract”); and (b) concluded the instant mortgage contract on the same day to secure this (hereinafter “the instant loan contract and the instant mortgage contract”); (c) As such, the Defendant is obliged to perform the procedure for registration of cancellation of the registration of the establishment of the instant neighboring mortgage, which was made pursuant to the instant contract.
B. The defendant's assertion is that the contract of this case was concluded by comprehensively entrusting the right to loan and guarantee to C, who is the husband, and even if not delegated, C, which was substituted by the plaintiff's economic activities, concluded the contract of this case for the purpose of acquiring real estate through the activities of increasing the property of the husband and wife. Thus, even if the contract of this case was concluded beyond the scope of the opinionr's ordinary power of attorney, the expression agent is formed, and since the plaintiff implicitly approved the contract of this case after the conclusion of the contract of this case, the contract of this case was concluded.