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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On September 9, 2010, the Plaintiff completed the registration of establishment of each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) with the maximum debt amount of KRW 1,200,00,000, and the debtor as the Defendant Co., Ltd. and the mortgagee of the right to collateral security as the Plaintiff, and completed the registration of establishment of each of the neighboring real estates (hereinafter “registration of establishment of each of the instant real estates”).
The registration of cancellation of the registration of the establishment of each of the instant establishment was completed on February 14, 2012 as the registration office of the High Government District Court of Jungyang-dong Branch on February 14, 2012, when the Defendant Company obtained a loan from the Defendant C&C Bank (hereinafter “Defendant Bank”).
(2) The registration of cancellation of each of the instant real estates was completed in sequence by the Ki Government District Court, Goyang-gu District Court, Goyang-dong Branch Office, 11028, Feb. 14, 2012, each of the maximum debt amounts of KRW 2,707,90,000, the debtor company, the Defendant company, the Defendant bank, and the Defendant bank as the mortgagee bank as to each of the instant real estates, and the registration of creation of a mortgage as to each of the instant real estates was completed on February 14, 2012 with the maximum debt amount of KRW 1,200,000,000, the debtor company, the Defendant company, and the Plaintiff as the mortgagee.
[Grounds for recognition] The facts that there is no dispute, Gap evidence 5-1 to 4, and each of the registrations in this case asserted by the plaintiff as to the purport of the whole pleadings are registrations of cancellation of the registration in this case, which are the plaintiff's representative director, C and the actual manager, and C's denial D, who were the representative director of the defendant company, forged the power of attorney in the plaintiff's name as if they were delegated by the plaintiff, and submitted an application for cancellation of the registration of establishment of a mortgage based on forged power of attorney to the public official in charge of the registry.
Therefore, the Defendant Company, the Plaintiff, and the Defendant Company, registered the establishment of each of the instant establishments.