1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff owns each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. As to each of the instant real estate, “the Plaintiff was drafted in the name of the Plaintiff and the Defendant, a power of attorney, stating that “The maximum debt amount is KRW 30 million due to the establishment registration of a neighboring mortgage, which the Plaintiff is the Plaintiff, and the amount of the maximum debt amount is KRW 40 million due to the establishment registration of a collateral security contract on June 7, 2013, and the establishment of a collateral security contract on June 7, 2013, the obligor shall delegate each of the applications for the establishment registration of a neighboring mortgage to C and allow the appointment of a sub-agent.” (hereinafter “instant power of attorney”).

C. On April 11, 2013, the secretary D of the office of a certified judicial scrivener C filed an application for the registration of creation of a mortgage (No. 30219, which was received by the Government Registry of the District Court) with the Plaintiff as the Plaintiff on April 11, 2013 regarding each of the instant real estate according to the delegation of this case, and completed each of the said registrations in the future of the Defendant, by filing an application for the registration of establishment of a mortgage (No. 50197, which was received by the same registry office; hereinafter “registration of creation of a mortgage of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) (1) The registration of the establishment of a new mortgage of this case is the registration of invalidity of cause without any juristic act establishing the secured claim. (2) The instant power of attorney, which served as the basis for the registration of the establishment of a new mortgage of this case, has affixed a blank seal at the Defendant’s request, and the Defendant’s arbitrary filling out blanks and used it in the application for registration.

Therefore, the establishment registration of a collateral security contract of this case was not established and the defendant applied for registration without delegation or consent of the plaintiff.