1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D, on January 8, 2016, was appointed as the representative director of the Plaintiff, and resigned on February 25, 2017.

B. On May 18, 2016, the Plaintiff borrowed KRW 2 billion from the Defendant, and on May 19, 2016, on the instant real estate owned by the Plaintiff, the Plaintiff completed the establishment registration of the instant maximum debt amount of KRW 2 billion to the Defendant regarding the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3

2. The assertion and judgment

A. Although the registration of the establishment of a mortgage near the Plaintiff’s assertion was subject to a resolution of the board of directors pursuant to Article 393(1) of the Commercial Act, D did not pass a resolution of the board of directors.

In addition, D used most of the money borrowed from the defendant individually.

In other words, although D borrowed money from the defendant with personal intent to use it, D used this case's real estate as security by abusing power of representation.

On the other hand, the defendant knew or could have known the abuse of the power of representation as above, and thus, the registration of the establishment of a new mortgage of this case should be cancelled as an invalid registration.

B. Since there is no evidence to acknowledge the above facts alleged by the plaintiff, the plaintiff's assertion is without merit.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.