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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance is written by inserting the “guilty” of the 8th judgment of the court of first instance, and the “guilty” of the 14th judgment is written, and the Defendant’s Apparent representation of Article 125 of the Civil Act and the Apparent Representation of Article 126 of the Civil Act are written in addition to the following, and thus, it is identical to the corresponding part of the reasoning of the judgment of the court of first instance in accordance with the main sentence of Article 42
2. Additional determination
A. As to the assertion regarding the representation representation under Article 125 of the Civil Code, since the defendant's assertion 1) all documents necessary for the creation of the 12th class mortgage of this case, such as the registration right certificate of the real estate of this case, the plaintiff's seal imprint certificate, the certificate of personal seal impression, and the certificate of resident registration, etc., are possessed, it shall be deemed that the plaintiff granted the power of representation to E by means of delivering the documents. 2) The expression representation under Article 125 of the Civil Code is established in cases where, without the nature of basic legal relations between the principal and the person who performed the act on behalf of the third party, the principal and the third party indicate that he granted the power of representation in performing the legal act on behalf of the principal. In this case, the determination should be made by taking into account the details and form of the documents submitted by the person who acts on behalf of the principal, and the type and nature of the act alleged as an agent act.
(See Supreme Court Decision 2001Da31264 delivered on August 21, 2001). However, as seen earlier, the Plaintiff was staying in the United States since August 2009, which was around 1 year and 7 months prior to the creation of the instant collateral security, and thus, delivered the said documents to E, as he had been holding the documents necessary for establishing the instant collateral security, including the registration right of the instant real estate.