1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion does not have delegated the registration of the instant share to a certified judicial scrivener C with the registration of the instant right to collateral security. Thus, since the registration of the instant right to collateral security was invalid without any cause, or since the plaintiff did not lend it from the defendant, the registration of the instant right to collateral security is null and void. Thus, the defendant asserts that the defendant is liable to implement the registration procedure of cancellation of

As to this, the defendant lent KRW 120 million to the deceased E (hereinafter "the deceased E") through Nonparty D, and to secure this, the plaintiff directly delegated the registration of the right to collateral security to a certified judicial scrivener C and completed it. Thus, the defendant asserts that the registration of the right to collateral security of this case is valid.

2. Determination

A. In the event that the establishment registration of a mortgage on the assertion that the establishment of a mortgage is not directly conducted by the owner, but by the third party involved in the establishment act, the establishment registration of a mortgage is presumed to have been duly conducted even if the mortgagee claims that the third party is the representative of the owner, so the owner who claims the cancellation of the registration on the ground that the registration is void, that is, the opposing fact, that the third party did not have the authority to represent the owner.

The third party shall have the burden of proving the invalidity of the documents, such as the forgery of the documents necessary for the registration of the establishment of a neighboring mortgage.

(See Supreme Court Decision 98Da56072 delivered on February 26, 199, etc.). In light of the above legal principles, in addition to the description in the Health Center, No. 3-1 and No. 2 of the evidence No. 1 and No. 2 of the evidence No. 3 to delegate the registration of the instant right to collateral security to the obligor for registration of the instant case (hereinafter “the power of attorney”), the Plaintiff did not enter the name in the name in the column for registration of the obligor for registration of the instant right to collateral security (hereinafter “the power of attorney”), and the Plaintiff prepared the registration of transfer of the instant