1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;

1. On February 14, 2014, the fact that the Defendant completed the registration of creation of a right to collateral security (hereinafter “instant real estate”) with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) on February 10, 2014, based on the contract to establish a contract on February 10, 2014 is no dispute between the parties.

2. Summary of the parties' arguments

A. Since the Plaintiff did not conclude a mortgage contract with the Defendant regarding the instant real estate, the registration of establishment of the right to collateral security under the name of the Defendant is null and void as the cause thereof.

B. Defendant 1) concluded a contract to establish a right to collateral security on the instant real estate through Plaintiff’s agent or director C, even though the Plaintiff did not have the right of representation on the Plaintiff’s behalf, the Plaintiff granted the right of representation by issuing a seal imprint certificate, a certificate of personal seal impression, and a resident registration certificate to use the instant real estate as a collateral or as a disposal act for extension of loan at least. Since C had all the documents necessary for the Plaintiff’s registration certificate, a certificate of personal seal impression, and a resident registration certificate, such as the Plaintiff’s certificate, and a copy and abstract of resident registration, and thus, C has the right to represent the Plaintiff, there is a justifiable reason to believe that the Defendant

Therefore, the Plaintiff is liable for entering into a mortgage contract with C in accordance with the legal doctrine of expression agency under Article 126 of the Civil Act.

3. In a case where the Defendant’s preliminary right to collateral security should be cancelled due to the invalidation of the right to collateral security, the Plaintiff would not set the right to collateral security while supplying a paper to C if the Plaintiff did not deliver all documents, such as a certificate of personal seal impression, and the certificate of personal seal impression. Therefore, the amount equivalent to the site price that the Defendant supplied to the Plaintiff as a counterclaim

3. Determination

A. The Plaintiff’s mother, the Plaintiff’s mother, resided in the instant real estate, and C resided in the instant real estate along with D.