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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. On March 12, 2014, C completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff on March 12, 2014, with respect to the maximum debt amount of KRW 52,500,000,000, and the debtor D (hereinafter “instant right to collateral security”). On November 26, 2014, the Defendant completed the additional registration of the right to collateral security (hereinafter “the instant registration of collateral security”) with respect to the instant right to collateral security (hereinafter “the instant right to collateral security”) by the Changwon District Court’s Da Office receipt of the registration office of the Changwon District Court pursuant to Article 68649, the right to collateral security (hereinafter “the instant registration of collateral security”) is either not disputed
2. The parties' assertion
A. At the time of the establishment of the instant right to collateral security, Plaintiff D, the debtor of the instant right to collateral security, as the Plaintiff’s husband, filed a divorce at the time of the establishment of the instant right to collateral security, and was in a prior deliberation period. D needs to use the Plaintiff’s certificate of personal seal impression, resident registration certificate, and family relation certificate to change the Plaintiff’s resident registration certificate as of March 6, 2014. On March 10, 2014, the Plaintiff was issued with D with the Plaintiff’s personal seal certificate, which was against the designated purpose without the Plaintiff’s consent or permission, and completed the registration of the establishment of the instant right to collateral security in the name of C by forging-gu, the Defendant, the E officer of the lending company, as of March 10, 2014.
Therefore, since the Plaintiff did not have concluded a contract to establish the right to collateral security with C as to the instant real estate, the registration of establishment of the right to collateral security in the name of C is null and void. Since the Defendant, in collusion with C, completed the registration of establishment of the right to collateral security in the instant case, changing the instant right to collateral security to the Defendant from
B. Defendant 1) C is the Plaintiff’s agent or person (person exercising the right).