1. The plaintiff's appeal and incidental appeal and the defendant's appeal are all dismissed.

2. Costs of appeal and incidental costs of appeal.

1. Basic facts

A. The plaintiff is a certified judicial scrivener, and the defendant is the plaintiff's clerk.

B. 1) C (hereinafter “instant real estate”) is registered as the establishment of a neighboring mortgage on the instant real estate in the military area D and E (hereinafter “instant real estate”).

F is the owner of C. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. (or G, a real estate intermediary, to G. of the real estate brokerage company on December 26, 2013. F. F. F. F. F. F. F. F. F. (c) borrowed 50,000,000 won from the introduction to H. G., a real estate broker.

F In order to secure the above obligation against H, the F forged a document to establish the right to collateral with respect to the instant real estate, which the C establishes a maximum debt amount of KRW 75 million with respect to the instant real estate, and the power of attorney which C delegates to a certified judicial scrivener the application for the establishment of the right to collateral.

H on December 27, 2013, with C’s credit cooperative account designated by F, remitted KRW 10 million out of the loans on the above loan certificate first to F.

3 G delegated the Plaintiff, a certified judicial scrivener, to file an application for registration of the establishment of the H ownership of the instant real estate.

The defendant, which is the cause of the plaintiff's business, found an abnormal part, such as the fact that the debtor of the registration application document and the owner of the real estate of this case are similar.

Accordingly, G is not in contact with C and F, and it is difficult to prepare a written confirmation as it is impossible to confirm its own intention. G is already remitted to C, and it is not problematic. Therefore, the application for registration of the establishment of a mortgage in the H name is filed.