1. Revocation of a judgment of the first instance;

2. The defendant is about the plaintiff's 8,265 square meters at K-gun's 100 square meters.

1. Basic facts

A. On August 31, 2010, the registration office of the establishment of a collateral security (hereinafter “instant land”) was terminated as the maximum debt amount of KRW 96,00,000,000 on the ground of the mortgage agreement (hereinafter “instant mortgage agreement”) with respect to K 8,265 square meters (hereinafter “instant land”) owned by the Plaintiffs, both of which were not the Defendant and the obligor, and the registration office of the establishment of a collateral security (hereinafter “instant land”) was dismissed on August 31, 2010 by the Changwon District Court, 15600, which was received on August 31, 2010.

(B) The registration of the establishment of a neighboring mortgage (hereinafter referred to as the “instant neighboring mortgage”) is the “registration of the establishment of a new neighboring mortgage” and the “instant collateral security”).

After that, the Defendant filed an application for voluntary auction of the instant land based on the instant right to collateral security, and on October 10, 201, rendered a decision to voluntarily commence the auction of the instant land to the Changwon District Court P for the smuggling support.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted that they acquired the instant land upon the recommendation of L and M (former names: N and hereinafter collectively referred to as “L, etc.”), and that L, etc. would engage in suspension, division, and merger to increase the price of the said land, thereby issuing the Plaintiffs’ certificate of personal seal impression, seal impression certificate, and related documents.

L, etc., inasmuch as L, etc. forged a registration document with the aforementioned certificate of personal seal impression, and completed the registration of establishment of a mortgage of this case on the land of this case, the mortgage contract of this case is null and void as an act of unauthorized representation, and the registration of establishment of a mortgage of this case, which was completed thereafter, should also be cancelled

B. The Defendant’s assertion 1) issued a certificate of personal seal impression and seal imprint, etc. to L, etc. with the knowledge that the right to collateral security was established on the instant land, and thus, the instant mortgage contract was either intended by the Plaintiffs or at least granted the Plaintiffs’ right to represent L, etc.