1. The plaintiff's claim is dismissed.

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

Basic Facts

Plaintiff

On November 23, 2012, the establishment registration was completed on the basis of the contract to establish a contract as of November 22, 2012 with the debtor, the mortgagee, the defendant, the maximum debt amount, 50 million won, based on the receipt of the Daejeon District Court Delivery Registry of the Daejeon District Court No. 16333, Nov. 23, 2012.

(2) The Plaintiff’s assertion of the purport of the Plaintiff’s establishment registration of a collateral security agreement with the Defendant is based on the following: (a) the establishment registration of a collateral security agreement with the Defendant was completed upon the Plaintiff’s request from the Plaintiff; (b) the Plaintiff did not have borrowed money from the Defendant; and (c) the establishment registration of a collateral security agreement with the Defendant was void.

Therefore, the defendant is obligated to cancel the registration of the establishment of the neighboring mortgage of this case to the plaintiff.

Judgment

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 publicly announced the true state of rights. Therefore, the party who asserts that the registration was unlawful is responsible to prove the opposing fact to reverse the presumption.

(See Supreme Court Decision 200Da72763 Decided April 10, 201). With respect to the instant case, it is not sufficient to recognize that the establishment registration of the instant establishment was completed without a lawful and effective reason for registration. There is no other evidence to acknowledge that the establishment registration of the instant establishment was completed without a legitimate and effective reason for registration. Rather, according to the evidence No. 3, it is only recognized that the Plaintiff delegated registration of the establishment registration of the instant establishment to a certified judicial scrivener D on November 22, 2012.

Therefore, the plaintiff's above assertion is without merit.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.