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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1-1-2, 3, 13-17, Gap evidence No. 22-1, 2, Gap evidence No. 23, 27, Eul evidence No. 1-2, 2, 3, Eul evidence No. 2, 3, 4, 10, 11, Eul evidence No. 12-1, 2, Eul evidence No. 13 and 14, Eul evidence No. 13 and part of the testimony of the first instance trial witness D.
E Deceased on October 18, 2007, and his heir U, Ma, and the Defendant B and V, as his heir, succeeded to each of the real estate listed in the separate sheet owned by E (hereinafter “instant real estate”).
B. On February 13, 2009, Defendant B entered into a sales contract (hereinafter “instant sales contract”) with the content that he purchases 2/9 shares (hereinafter “instant inheritance shares”) of D’s inheritance portion among the instant real estate, and paid KRW 87 million to D as the sales price on the same day. D around August 2009, in the meaning of confirming the instant sales contract, around August 2009, Defendant B prepared a letter of waiver of shares (hereinafter “each letter of this case 1”).
C. However, on October 6, 2009, D forged the power of attorney in the name of Defendant B on the registration of inheritance of the instant real estate without authority, and completed the registration of ownership transfer of 3/9 shares, D, Defendant B, and 5/9 shares on the instant real estate on the ground of the said inheritance, and completed the registration of ownership transfer of 3/9 shares, D, Defendant B, and 50 million won with respect to the instant inherited shares, on the ground of the contract to establish a right to collateral security on October 6, 2009, to F, who was dead on the premise of marriage at the time. From October 30, 2009, D completed the registration of establishment of a right to collateral security with respect to the instant inherited shares with the maximum debt amounting to 50 million won, D, the debtor D, and the mortgagee F, the Plaintiff, at the face value of 46 million won, D, the date of issuance, and May 3, 2008.