1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. As to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”), the debtor as his husband C and the mortgagee as the Defendant: ① the Daegu District Court, Kimcheon-gu, 836, which was received on January 11, 2005, the registration of the establishment of a neighboring mortgage of KRW 28.6 million (hereinafter “the registration of the establishment of a neighboring mortgage of the instant No. 1”) was completed with respect to the registration of the establishment of a mortgage of KRW 1/2 shares owned by the Plaintiff out of the originally owned land prior to the subdivision of the instant real estate, Kimcheon-si, Kimcheon-si, the land prior to the subdivision of the instant real estate.

② On January 29, 2007, the registration of creation of a neighboring mortgage of the maximum debt amount of KRW 36.4 million (hereinafter “registration of creation of a neighboring mortgage of the second neighboring mortgage”) was completed as of January 29, 2007.

B. Personal information, such as the Plaintiff’s name, entered in the certificate of the scope of secured debt, which was prepared on January 29, 2007, on the date of the registration of the establishment of the mortgage contract regarding the establishment of the first and second mortgages of this case, is not written by the Plaintiff, but written by C.

The Plaintiff’s seal is not the Plaintiff’s seal but the applicant’s seal affixed on the confirmation document submitted at the time the establishment registration of the first collateral security was completed. The Plaintiff’s seal is not the Plaintiff’s seal.

C. C was indicted for having prepared a contract for the second collateral security of the instant case and a written confirmation of the scope of the secured debt without the Plaintiff’s consent, and was sentenced to imprisonment with prison labor for two years on January 15, 2014 for fraud, fraud, fabrication of private documents, and uttering of a document for investigation.

Although C appealed, the appellate court (Tgu District Court 2014No409) dismissed C's appeal, the above judgment became final and conclusive around that time.

[Ground of recognition] A without dispute, Gap evidence 1, 2, 8 through 12, Eul evidence 1, and the result of the penmatic and unmanned appraisal by the first instance appraiser B;