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. With respect to the real estate listed in the separate sheet (No. 109 of Hteltel located in Asan City, hereinafter “instant real estate”), for which the ownership transfer registration has been completed under the name of the Plaintiff on February 15, 2013, the fact that on February 15, 2013, the establishment registration for the establishment of a mortgage (hereinafter “registration for establishment of a mortgage”) was completed on February 13, 2013 under the Defendant’s name, based on which the debtor was the Plaintiff and the maximum debt amount, KRW 240 million, and the grounds for registration was the contract concluded on February 13, 2013

2. The parties' assertion

A. The Plaintiff did not conclude a mortgage contract with the Defendant regarding the instant real estate owned by the Plaintiff, as described in the foregoing 1. Paragraph, and did not have completed the registration of establishment of a mortgage on the instant real estate to the Defendant.

Since the establishment registration of the establishment of a neighboring mortgage of this case was made by C, the husband of the plaintiff, without permission, to the defendant, the establishment registration of a neighboring mortgage of this case shall be revoked as it constitutes the registration invalidation.

B. Defendant’s assertion 1) The establishment registration of a mortgage of this case was made based on the right of representation granted by C, the husband of the Plaintiff, (i.e., the establishment of a mortgage contract under the Plaintiff’s name and the right of representation as to the establishment of a mortgage registration on the basis of the establishment of a mortgage) by C, which was granted by the Plaintiff

Even if C, while establishing and operating J Co., Ltd and D (the representative is the Plaintiff, the Plaintiff) for the purpose of housing construction sale and lease business, etc., registered various real estate acquired under the Plaintiff’s name and was comprehensively entrusted by the Plaintiff, and possessed and used the Plaintiff’s seal impression, certificate of personal seal impression, and certificate of registration rights, etc., and had basic power of attorney regarding the management and disposal of real estate in the Plaintiff’s name, such as managing and leasing real estate in the Plaintiff’s name (except for this, the Plaintiff, the spouse of the Plaintiff, had the right of general residence against the Plaintiff).