1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant divorced with Nonparty D in around 2002, but D borrowed KRW 54,650,000 from Defendant several times since around 2002.

B. While Nonparty D was unable to repay the above borrowed amount, Nonparty D requested the Defendant to borrow the borrowed amount on or around July 2007, and the Defendant demanded that D provide a collateral.

C. Accordingly, on July 3, 2007, Nonparty E, the Plaintiff’s father, who was D, offered real estate indicated in the separate sheet (hereinafter “the instant real estate”) as collateral, and around July 4, 2007, Nonparty E, D, and Defendant concluded a mortgage contract with the obligee regarding the instant real estate owned by the Plaintiff, who was the Plaintiff, at the office of a certified judicial scrivener located in Busan Metropolitan Government Frangu, with the obligee as the Defendant, the debtor as Nonparty D, and the maximum debt amount of KRW 60,000,000, with respect to the instant real estate. On July 4, 2007, the lower court completed the registration of creation of a mortgage on the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 3 through 8 (including branch numbers), witness E, H and D's testimony, the purport of the whole pleadings

2. The plaintiff asserts that, around the other hand, at the time of the establishment of the right to collateral security, the establishment of the right to collateral security in this case must be cancelled since E obtained a certificate of personal seal impression and a seal imprint necessary for registration without disclosing specific purposes to the plaintiff, who is the plaintiff, and the plaintiff was not aware of the fact of registration. Thus, the act of creation of the right to collateral security in this case is legally null and void as it is an act of unauthorized representation, and there is no preliminary obligation

3. Determination

A. The following circumstances, i.e., the determination of the primary claim, the facts of the recognition as above, and the absence of dispute between the parties, the entry of Gap evidence 1, Eul evidence 7, the witness H's testimony, and the entire purport of the oral argument, are as follows: