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. The reasoning of the court's explanation of this case is as follows, and the defendant's argument is identical to the part of the reasoning of the judgment of the court of first instance, except for adding the judgment as to the defendant's argument under paragraph (2). Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the

(The grounds for appeal by the Defendant do not differ significantly from the allegations in the first instance court, and it is justifiable to find facts in the first instance court and determine the facts, considering the evidence and materials added to this court). The 5th 6th 12 acts in the first instance court are followed as follows.

M has filed an application against D for the provisional disposition suspending the performance of duties by the representative director (Seoul District Court 2016Kahap13), but the application was dismissed on January 6, 2017 (the appeal and reappeal was also dismissed). F. A lawsuit seeking confirmation of the absence of a resolution of the provisional general meeting of shareholders (the above court 2016Kahap205) was filed on June 1, 2017, but the claim was dismissed on June 1, 2017, and the appeal was lodged [the Busan High Court 2017Na21629], but the appeal was dismissed on September 28, 2017 and became final and conclusive around that time.

"A evidence No. 13" is added to 5 pages 13 to 14 of the judgment of the first instance.

2. Additional determination

A. As to the act of establishing the instant mortgage by an intra-company director M registered as the representative of the Plaintiff Company’s assertion, the Plaintiff Company bears the responsibility for false registration pursuant to Article 39 of the Commercial Act and the act of expression representative pursuant to Article 395 of the Commercial Act, and thus, cannot seek cancellation of the registration of creation of each of the instant mortgages.

B. 1) The applicant for registration of a false registration under Article 39 of the Commercial Act for the applicant for registration of the relevant legal doctrine (in principle, the registration is completed by the applicant for registration in order to hold the liability for a false registration, but the applicant for registration did not make the registration by himself/herself.

Even if the registration is made or the existence of the defective registration is known, it is not corrected.