1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The plaintiff asserted that he completed the registration of ownership transfer with respect to 1/2 shares out of the land of this case on August 2, 1997, and completed the registration of ownership transfer with respect to the remaining 1/2 shares on December 23, 2002.

However, although the Plaintiff’s husband D did not have a secured obligation against the Defendant, there was a concern about the Plaintiff’s future provision of security for business, and without the Plaintiff’s consent, it brought the Plaintiff’s certificate of personal seal impression and seal impression, and completed the registration of the establishment of the

Therefore, the registration of the establishment of a neighboring mortgage of this case is null and void, and the defendant is obligated to implement the registration procedure for cancellation of the establishment of a neighboring mortgage.

2. According to the overall purport of the statement and pleading of the evidence Nos. 1-2 and 1-2 of the judgment, since it is difficult to view that there was no debt guaranteed by the establishment registration of the establishment of the establishment of the establishment of the establishment of the relocation of this case as the plaintiff's husband at the time of the establishment registration of the establishment of the establishment of the creation of the creation of the goods of this case and completed the establishment registration of the establishment of the establishment of the establishment of the goods of this case to secure the above debt, and that on August 7, 2009 from the lawsuit (the Changwon District Court 2009Da7055) claiming the purchase of goods between the defendant and D (the Changwon District Court 2009Da7055) to pay the defendant KRW 20 million, and the defendant is paid the above money and the mediation was completed at the time of cancelling the registration of the establishment of the establishment of the relocation of this case, there is no evidence to prove that

On the other hand, the plaintiff asserts that D voluntarily completed the registration of the establishment of a mortgage of this case to the defendant without the plaintiff's consent.

In the event that the establishment registration of the neighboring mortgage does not result from the owner's direct establishment of the mortgage but the third party involved in the establishment of the mortgage, the establishment registration of the neighboring mortgage is presumed legitimate even if the mortgagee claims that the third party is the owner's agent.