1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On November 23, 2005, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “the mortgage of this case”) that was the mortgagee’s Defendant on May 30, 2006 under the Jeju District Court’s receipt of No. 88447 on November 23, 2005, with respect to the real estate of this case (hereinafter “the instant real estate”).

B. On November 21, 2016, the Defendant issued to the Plaintiff’s agent E a repayment certificate, power of attorney, confirmation document, the Defendant’s personal seal impression issued, and a copy of identification card necessary for the cancellation of the registration of the establishment of the instant mortgage.

C. When delivering the above documents to E, the Defendant affixed the Defendant’s seal impression on the repayment certificate and power of attorney with the contents of the above documents affixed the Defendant’s seal impression affixed to the Defendant’s official seal impression. The Plaintiff’s name on March 23, 2017, and the Defendant’s name on March 23, 2017, and the Defendant’s repayment certificate (Evidence A No. 3) with the registration obligor as to the real estate indicated “No. 4,912 square meters prior to C, the amount of money KRW 10,00,000,000 won, and the above amount was lent to E as security August 29, 2005, and the Defendant’s name was cancelled on November 23, 2005 with the registration obligee No. 8447, and the Plaintiff’s name was cancelled on the “No. 203,000 square meters prior to the date of registration” as “No. 40,000 square meters prior to the date of registration”.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, partial testimony of party witness E, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Defendant registered the establishment of the instant mortgage on November 21, 2016 to the Plaintiff.