1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 27, 2013, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter the foregoing right to collateral security) with the obligor C, the maximum debt amount of KRW 45 million, regarding the instant real estate owned by the Plaintiff.

B. The obligor C of the foregoing right to collateral security is the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 and 2

2. The parties' assertion

A. The Plaintiff’s assertion purport C, which is the Plaintiff, received the Plaintiff’s certificate of personal seal impression and seal impression from the Plaintiff, that “it is necessary to change the agreement rate of the existing collateral security obligation established on the instant real estate to a low interest rate.”

However, C created the instant collateral security to the Defendant by using the above certificate of the personal seal impression, the seal imprint, and the certificate of registration of the instant real estate after theft without the Plaintiff’s permission.

At that time, the defendant was aware of these circumstances.

Therefore, the registration of establishment of a neighboring mortgage of this case is invalid. If the act of establishment of a collateral security of this case constitutes an expression agency under the Civil Act

Even if the defendant was aware of such facts, the plaintiff is not liable for the expression agency to the defendant.

B. The gist of the Defendant’s assertion was that the Plaintiff gave C a seal imprint and a seal imprint, and thus C has a legitimate right to represent the establishment of the instant right to collateral security. This is not so.

Even if the plaintiff is responsible for the expression agency under Article 126 of the Civil Code.

3. Determination

A. According to Article 126 of the Civil Act’s partial statement No. 4, it is recognized that C created the instant collateral security by obtaining a certificate of personal seal impression and a certificate of personal seal impression from the Plaintiff on the ground that “it is a method to have the Plaintiff, a mother, covered with the interest of the loan of the agricultural cooperative.”

Therefore, it can be seen that C is a legitimate agent for the establishment of the mortgage of this case.