The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

Plaintiff

As to the instant real estate owned by the owner, the fact that the establishment registration of the instant mortgage was completed based on the contract on November 23, 201, the maximum debt amount of which was KRW 20,000,000, the mortgagee of the right to collateral security, the Defendant of the right to collateral security, and November 22, 2011 is not in dispute between the parties or may be acknowledged by the statement of evidence A No. 1.

Plaintiff’s assertion

D On November 23, 2011, the Defendant borrowed money from the Defendant and set up the instant collateral security by forging documents using the Plaintiff’s seal impression design and certificate without the Plaintiff’s consent.

Therefore, since such act of creation of collateral security is invalid as an act of unauthorized representation, the mortgage of this case should be cancelled.

Judgment

There is no dispute, or according to the purport of Eul evidence No. 1 and the whole purport of the pleadings, D is the plaintiff's spouse, and the plaintiff may recognize the fact that the plaintiff issued a certificate of personal seal impression and a certified copy and abstract of resident registration directly issued on November 7, 201, which he/she issued on his/her own. There is no circumstance that the plaintiff filed a criminal complaint against D or raised an objection against D until about five years have passed since it was about five years thereafter.

Therefore, it is not sufficient to recognize that the written evidence Nos. 1 and 2 alone was made by a forged document, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.