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. Facts of recognition;

A. On November 28, 2007, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) on the grounds of inheritance by consultation and division.

B. As to the instant real estate, under Article 25800 of the Namyang District Court’s receipt on March 12, 2014, the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) was completed for the Plaintiff, the mortgagee, the Defendant of the right to collateral security, the maximum debt amount, KRW 90,000,000.

C. On July 23, 2015, E and B, a member of the Incheon District Court, proposed to cut off seals, etc. necessary for the disposal of real estate under the Plaintiff’s name. On or around March 2014, E had the Plaintiff’s house enter the real estate registration certificate concerning the instant real estate and the Plaintiff’s seal impression. The F and E offered the instant real estate as collateral without the Plaintiff’s consent by using the stolen real estate registration certificate, seal stamp, etc., and submitted to the public official in charge of the Nam-gu District Court’s registry office for the establishment of a mortgage. As seen above, upon submitting an application for the establishment of a mortgage on forged real estate registration, the submission of an application was made to the public official in charge of the registration of establishment of a mortgage, including the instant collateral security, and entered false facts in the electronic computer register due to the completion of the establishment registration, and entered false facts in the electronic computer register; the said public official in charge was punished by imprisonment with prison labor for not more than six years; the said public official in charge of uttering; and the foregoing private electronic records.

(Supreme Court 2015Mo741). D.