1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for this part of the underlying facts is the same as that of the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the primary cause of the claim

A. At the time of conclusion of the instant sales contract by the Plaintiff’s assertion, the Plaintiff set up a collateral security right to secure the sum of the down payment and intermediate payment to be returned by the Plaintiff due to the Plaintiff’s failure to register the ownership transfer under the said sales contract, and issued a copy of the Plaintiff’s certificate of personal seal impression, seal imprint, and driver’s license to G who led to the instant sales contract.

However, G arbitrarily prepares a certificate of personal seal impression, seal imprint certificate, and driver’s license receipt from the Plaintiff, and “In order to secure the Defendant’s obligation to the Defendant, the Plaintiff shall set up a mortgage agreement in the name of the Plaintiff, stating that the Plaintiff shall set up a maximum debt amount of KRW 1.5 billion with respect to the instant real estate, and a mortgage agreement with the mortgagee,” and completed the registration of the establishment of a mortgage in the name of the Plaintiff.

Therefore, the mortgage contract of this case is null and void since G was concluded as a unauthorized agent beyond the scope of the delegated authority. Since the letter of contract to establish the mortgage of this case and the power of delegation for application for registration have been forged, the registration of establishment of the mortgage of this case, which was based on it, shall be cancelled as the registration of invalidation of the cause.

B. 1) In the event that the establishment registration of a neighboring mortgage has been completed, the registration is presumed to have been lawful and to have been disclosed to the public in a true state of rights, and thus, there is a burden to prove the opposing fact that such registration was unlawful (see, e.g., Supreme Court Decision 2000Da72763, Apr. 10, 2001). 2) The written agreement to establish a collateral security and the written agreement of this case.