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. The reasoning for the court’s explanation of this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, it is decided to accept it as it is by the main text of Article 420 of

2. Determination on the cause of the claim

A. The Plaintiff’s assertion is invalid for the following reasons, and thus, should be cancelled.

1) Since the instant notarial deed is null and void due to the lack of power of representation, the instant mortgage based on the instant notarial deed is null and void. (2) The Plaintiff agreed with C not to ask the Defendant for joint and several liability as stated in the instant notarial deed except for the maximum debt amount of KRW 100 million, which is the maximum debt amount of the instant notarial deed. Therefore, C’s exercise of rights based on the instant notarial deed is a condition for rescission of the instant notarial deed. However, C applied for an auction of the instant real estate on the basis of the instant notarial deed, thereby fulfilling the said conditions of rescission.

3) The Plaintiff’s assumption of the instant collateral security obligation against the Defendant and the expression of intent to establish the instant collateral security obligation is by deception C that he/she will not be held liable for joint and several debt worth KRW 100 million or more. Thus, the Plaintiff’s declaration of intent is revoked with a preparatory document dated February 11, 2015.B. 1) As to the Plaintiff’s first assertion, as seen earlier, the instant authentic deed has no validity as an enforcement title due to the lack of the power of representation. However, according to the above basic facts, the instant collateral security obligation is not based on the instant authentic deed, but based on the instant agreement, loan certificate, and promise. Thus, even if the instant authentic deed has no validity, it cannot be said that the instant collateral security becomes null and void due to such failure.

Therefore, the plaintiff's above assertion is without merit.

2. As to the remaining arguments of the Plaintiff, this case, even if any.