beta
Text
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) was completed on November 7, 2012 with respect to the real estate indicated in the attached list, which was owned by D (hereinafter “instant real estate”) as the registry office of Chuncheon District Court No. 10164, Nov. 7, 2012, with the amount of KRW 100,000,000, based on the agreement to establish the right to collateral security as of November 7, 2012.
B. E applied for a voluntary auction of the instant real estate to the court C on July 14, 2014 based on the instant right to collateral security, and received a voluntary decision to commence auction on July 14, 2014, and the Plaintiff was awarded a successful bid of the instant real estate in the said auction procedure (hereinafter “instant auction procedure”) and completed the registration of ownership transfer on March 9, 2015.
C. As to the ground that D’s former wife F stolen his/her seal impression, etc. and completed the registration of the establishment of the mortgage of the instant case, D filed a criminal complaint against F on or around November 12, 2013, and F forged a power of attorney with D’s seal imprint on or around November 7, 2012 without D’s permission, and F was issued a summary order of KRW 4 million from the above court on April 7, 2014 on the grounds of suspicion of forgery of D’s seal imprint which was previously kept at the time of entering into the instant mortgage contract and the power of attorney, on the same day by sealing it with D’s seal imprint which was signed at the time of entering into the instant mortgage contract.
F also did not have been delegated with the authority to dispose of the instant real estate owned by D, and thus, by deceiving E to provide it as a security, and by deceiving E to lend money, which is KRW 771.5 million in total, KRW 75 million from E on March 14, 2012; KRW 9 million on May 10, 2012; KRW 10 million on May 24, 2012; KRW 6 million on May 25, 2012; and KRW 71.5 million on November 7, 2012.