1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant is a certified judicial scrivener who works as a certified judicial scrivener in Kimpo-si C.

B. D (the Plaintiff’s form) visited the Defendant’s office on June 25, 2013, in order to delegate the management of the application for the establishment of a neighboring mortgage to “the mortgagee, the maximum debt amount of KRW 110 million,” with respect to the E apartment Nos. 209, 703 (hereinafter “instant apartment”).

C. D submitted documents such as a mortgage contract, registration right certificate, D’s certificate of personal seal impression, Plaintiff’s resident registration abstract, etc. to the Defendant’s employee, and paid registration fees of KRW 597,650 (including KRW 223,00,000).

In addition, at that place, the power of attorney was drawn up that “the Plaintiff and D delegate all the actions of the Defendant regarding the application for registration shall be delegated to the Defendant” by designating the delegating person between D and the Defendant as “the Defendant.”

(D) On July 16, 2013, the Defendant received the application for registration from the Plaintiff and D name, and completed the registration of the establishment of a neighboring mortgage with regard to the instant apartment on the same day as “the mortgagee, the debtor D, and the maximum debt amount of KRW 110 million.” Meanwhile, on June 28, 2013, the registration of the establishment of a new mortgage with regard to the instant apartment was completed in preference to the Plaintiff on the part of the Plaintiff, the mortgagee, the debtor F (the company run by D at that time), and the maximum debt amount of KRW 10 million.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1-9, Eul evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings

2. On June 25, 2013, the purport of the Plaintiff’s assertion: (a) the Defendant neglected to perform his/her duties as a certified judicial scrivener delegated with the duties of filing an application for registration; and (b) received the application for registration on July 16, 2013 (the date 20 days have elapsed since the date delegated by the Plaintiff) and the Defendant delay.