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. On July 5, 2012, the Suwon District Court had completed the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with respect to each real estate indicated in the separate list, the ownership transfer of which was completed under the Defendant’s name, as the maximum debt amount of KRW 200 million, the debtor, the Defendant, and the mortgagee of the right to collateral security (hereinafter “mortgage”).

However, on April 17, 2014, the registration of creation of a neighboring mortgage was cancelled on the same day as the contract was terminated.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Since the registration of creation of the instant right to collateral security was illegally cancelled by a forged certificate of termination in the name of the Plaintiff and the power of attorney, the Defendant, the owner of each real estate listed in the separate sheet, is liable to implement the procedure for registration of restoration of the registration of the instant right to collateral security cancelled as above

B. Since there is no or no secured debt of the Defendant’s right to collateral security, the Plaintiff is not a valid mortgagee.

In addition, since the registration of establishment of the instant right to collateral security was cancelled by the Plaintiff, the Defendant, who did not participate in the above cancellation, is not obliged to implement the procedure for restoration registration of the registration of establishment of the instant right to collateral security.

3. Determination

A. 1) Regarding the existence of the secured obligation, the following circumstances are as follows: A evidence 2-1, 2, 6, 7, and 11, 21, 22-2, 28, 29, 34, and 36 of the evidence No. 2-1, 2, 6, 7, and 12-1, 22, 28, 29, 34, and 36 of the evidence No. 12-2, or there is no dispute between the parties. (A) D, at the time of being investigated by an investigative agency due to a forged accusation of the documents in the Plaintiff’s name, for the cancellation of the registration of the instant right to collateral security, due to the lack of operational funds from the Plaintiff.