1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 20, 2013, the Plaintiff decided to sell each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Plaintiff to Nonparty B in KRW 720,000,000, and received down payment KRW 500,000 from Nonparty B on the same day.

B. On May 24, 2013, B obtained a loan of KRW 350,00,000 from Nando Mutual Savings Bank (hereinafter “Nando Mutual Savings Bank”) as collateral for each of the instant real estate, and accordingly, the registration of the establishment of a neighboring mortgage, which is a debtor B and a mortgaged Mutual Savings Bank (hereinafter “Nando Mutual Savings Bank”), was completed as of May 24, 2013, the maximum debt amount was KRW 525,00,000,000 with respect to each of the instant real estate as of May 24, 2013.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

After the Defendant took over the above loans, claims for loans, etc. from UNndo Mutual Savings Bank, the Defendant completed the additional registration of the transfer of the establishment registration of the establishment of the neighboring mortgage in the Suwon District Court No. 45261, May 9, 2014, on the ground of the transfer of finalized claims as of April 30, 2014.

[Ground for recognition] Unsatisfy

2. The Plaintiff’s assertion and judgment are consistent with the Plaintiff’s signature and seal on the B’s mortgage contract with Native Mutual Savings Bank as security for loan obligations. However, Native Mutual Savings Bank concluded a mortgage contract without verifying the Plaintiff’s intention directly facing the Plaintiff, and a certified judicial scrivener with the power of attorney who received only the signature and seal in blank completed the registration of establishment of a neighboring mortgage. As such, the instant mortgage contract and the instant delegation contract are null and void, and thus, the instant registration of establishment of a neighboring mortgage should be cancelled.

On the other hand, even according to the Plaintiff’s assertion, the Plaintiff recognized that the Plaintiff was directly signing and sealing the mortgage contract document and the power of attorney, and it is reasonable to view that the establishment registration of the mortgage of this case was completed lawfully. Therefore, the time of loan execution.