1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”).

B. On October 22, 2013, regarding the instant real estate, the registration of creation of a mortgage on the purport of the claim as stated in the obligor Smart Co., Ltd. (hereinafter referred to as the “registration of creation of a mortgage on the instant real estate”) was completed on October 22, 2013.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. Since C, the former wife of the Plaintiff, forged the documents related to the establishment of the right to collateral security and completed the registration of the establishment of the right to collateral security in this case to the Defendant, the registration of the establishment of the right to collateral security should be cancelled as the ground for invalidation.

B. Defendant 1) did not forge the documents related to the registration of the establishment of the above neighboring mortgage, and the Plaintiff delegated all the affairs of the application for the registration of the establishment of the establishment of the above neighboring mortgage to a certified judicial scrivener D as his agent, and accordingly, the registration of the establishment of the establishment of the establishment was completed. 2) Even if domestic affairs C forged the documents related to the registration, the contract establishing the establishment of the establishment of the establishment of the above neighboring mortgage was concluded by C on behalf of the Plaintiff on behalf of the Defendant. Since there was a justifiable reason for C to believe that C is the Plaintiff’s agent (the Plaintiff’s seal imprint and the Plaintiff’s seal imprint) and the Defendant

3. Therefore, the above mortgage contract is valid, and the establishment registration of mortgage of this case is not null and void.

3. Determination

A. Where a registration has been made on any real estate, such registration is presumed to have been made lawfully in the cause and procedure unless there exist any special circumstances (see Supreme Court Decision 2001Da72029, Feb. 5, 2002). Therefore, a person who requests the cancellation of such registration on the ground that the registration is null and void shall bear the burden of proving that the third party forged the registration document, etc.

(b) Dried stoves;