1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Basic facts

A. On October 9, 2011, the Plaintiff lent KRW 15 million to D as a broker by a loan broker C.

D On November 9, 2011, the Plaintiff, as a collateral security holder, completed the registration of creation of a mortgage on officetels F and G of the Nam-gu Incheon Metropolitan City Etel owned by him.

(B) The mortgagee is the plaintiff and two persons, including H, and the maximum debt amount shall be 45 million won.

C In the course of operating a lending business, while engaging in loan brokerage business for the Plaintiff to lend money to the borrower (C received a loan from the Plaintiff and delivered the loan to the borrower, and even if the borrower repays the loan to C, it was not directly paid or remitted by the borrower, but the borrower granted the loan to C). Upon delegation from the Plaintiff, C performed the business of cancelling the registration of the establishment of the neighboring mortgage with the documents necessary for the cancellation of the right to collateral security when the borrower established the right to collateral security with the Plaintiff’s real estate owned by the borrower as the mortgagee and the borrower repaid the loan to C through a certified judicial scrivener entrusted by the Plaintiff.

C. On December 23, 2011, D transferred KRW 15 million to C in order to repay the above borrowed amount, and C did not deliver KRW 15 million to the Plaintiff and used it for personal purposes at will. D.

C around December 25, 2011, without the Plaintiff’s delegation or consent, completed an application for registration of cancellation of right to collateral security under the Plaintiff’s name and a power of attorney and affixed the Plaintiff’s seal in advance, thereby forging the application for registration of cancellation of right to collateral security under the Plaintiff’s name and the power of attorney, and then, issued the above documents and the registration certificate already possessed to the Defendant’s certified judicial scrivener office I.

E. On December 26, 2011, the Defendant, a certified judicial scrivener, received documents, etc. in the name of the Plaintiff necessary for the cancellation of the right to collateral security received from C from the competent registry. The right to collateral security in the name of the Plaintiff was cancelled on the

(f) C.