1. As to the real estate stated in the attached list to the Plaintiff, the Defendant’s branch office of Suwon District Court for the branch office of Sung-nam branch.

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On November 10, 2016, the Defendant completed the registration of the establishment of a mortgage on the instant real estate (hereinafter “registration of the establishment of a mortgage on the instant real estate”) with respect to the maximum debt amount of KRW 1,900,000,000, and the debtor C and the mortgagee as the defendant.

C. Around November 10, 2016, the following confirmation document (hereinafter “instant confirmation document”) was prepared, and the Defendant’s seal is affixed thereto.

On November 10, 2016, C created a collateral security of KRW 1,900,00,000 to B as security the second floor F of E apartment No. D located in Seongbuk-gu, Seongbuk-gu, Seongbuk-do, Sungnam-si, Seoul, which is a real property of A, but this is merely aimed at preventing the establishment of a third party's right on A's real property, but it is not a debt relationship between C and B.

On November 10, 2016, the name of the mortgagee of the right to collateral security: B address: The fact that there is no dispute over G apartment and H [based ground for recognition] in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Gyeonggi-do, and the statement in each evidence Nos. 1 and 2, the result of the appraisal of the seal of this court,

2. Determination

A. As can be seen through the Plaintiff’s confirmation letter, the registration of the establishment of a mortgage of the instant neighboring area was only established to prevent the compulsory execution of a third party without the secured obligation, and the said registration must be cancelled.

B. 1) Determination 1) If the authenticity of the instant written confirmation is examined, and if the seal affixed to the signature affixed to the document is affixed by his/her seal, barring any special circumstance, the authenticity of the said seal shall be presumed to have been established, i.e., the act of affixing the seal is based on the intent of the person under whose name the document was written, and once the authenticity of the seal is presumed to have been established, the entire document shall be presumed to have been authentic (see, e.g., Supreme Court Decision 2009Da37831, Sept. 24, 2009). Therefore, as seen earlier, the seal affixed to the instant written confirmation is based on the Defendant’s seal.